Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir Thomas Stewart of Gairntully v. Thomas Young
Date: 6 February 1694
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Anstruther reported Sir Thomas Stewart of Gairntully's reduction of Thomas Young's decreet, liquidating the damage by Gairntully's selling other oak woods during the time theirs was cutting, contrary to a clause in their contract; and for his taking away sundry of the trees to his own use. The Lords would not loose the decreet now, after fifteen years, being in 1679; and did not think it a nullity that his oath of calumny was not advised, seeing that does not hinder the party to use another probation; and though his mandate in away-carrying of the trees was not proven by his oath, (as it was sustained to be so proven by the act of litiscontestation;) seeing the warrant arose, ex evidentia facti, from the testimonies of the witnesses, who proved that the trees were brought to his own house. And the Lords thought it unreasonable to enter upon decreets after so long a time, when Mackonachy (to whom the separate bargain was made,) was now dead.
