BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Low v Beatson. [1738] Mor 17032 (25 January 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3817032-320.html
Cite as: [1738] Mor 17032

[New search] [Printable PDF version] [Help]

[1738] Mor 17032      

Subject_1 WRIT.
Subject_2 SECT. XI.

Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?

Low
v.
Beatson

Date: 25 January 1738
Case No. No. 320.

Click here to view a pdf copy of this documet : PDF Copy

It was objected as a nullity to a bond of thirlage, That though subscribed by two notaries and four witnesses, one of the witnesses is not designed, or so much as inserted in the body of the writ; the Lords found the bond null upon the act 80, Parl. 1579, and that the defect was not suppliable by condescending on the designation of the witness, though the certification of this act is not more express than of the act 1593, being almost in the same words.

Fol. Dic. v. 2. p. 550.

*** See Kilkerran's report of this case, No. 130. p. 16899.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010