Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Ross of Tillisnaugh
v.
Gardin of Migdstrath

1685. March.

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In the improbation, at the instance of Ross of Tillisnaugh against Gardin of Migdstrath, of a bond of thirlage, upon this direct article, That the defender had sometimes alleged upon a temporary bond, and at other times had shown a perpetual bond, which had been quarrelled by those who saw it, as not bearing the true subscription of the deceased Alexander Ross, the alleged subscriber, and which the defender refuseth now to produce; and the bond produced by him is, by vitiation, made a perpetual of a temporary bond, and was given in so vitiated to the register by him; all which was proven;—the Lords found the bond produced, not only not probative, but also false, in respect of the vitiation in substantialibus. But they did not remit Migdstrath to be criminally punished, but left it to the advocate to raise an indictment before the justices, and lead what probation he thought fit: Albeit Migdstrath had abidden by the bond, in respect it was an evident granted to his predecessors, and it was not clearly proven that he had made the vitiations.

Page 155, No. 560.