Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 28 March 1685
Sir Alexander Forbes v. Ogilvy
Click here to view a pdf copy of this documet : PDF Copy
Sir Alexander Forbes of Tolquhon pursues Ogilvy of Forglen, brother to the Lord Banff, for taking away a gilded mazer cup out of his house, rei vin-dicatione, for restitution or for the value. The libel was admitted to probation, and witnesses were led thereon, who proved nothing. It was at length discovered, that Tolquhon himself had, some years ago, given in this cup to a goldsmith in Aberdeen to be mended; and he having forgot, it was lying there unrelieved for not paying a half crown for it.
The Lords, getting notice of this, proceeded to advise the cause; though Tolquhon, by a bill, craved they might delay till they examined witnesses, who had laid it in beside that goldsmith, seeing Forglen might have shuffled it in there. And the Lords finding it not proven, they assoilyied Forglen, and ordained Tolquhon to pay 1000 merks of expenses, tanquam temere litigans: and allowed Forglen to pursue him at Privy Council, or elsewhere, for defamation. Vide 30th April 1685.
