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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Braco v Mr Adams. [1743] 1 Elchies 509 (2 July 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010509-016.html

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[1743] 1 Elchies 509

Subject_1 WITNESS.

Lord Braco
v.
Mr Adams

1743, July 2.
Case No. No. 16.

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The question was, Whether the Dean of Faculty, Mr James Graham, and Mr Hay of Montblairy, could be admitted witnesses to prove a communing with Mr Adams concerning his claim against Lord Braco before raising the process, since they were now Lord Braco's lawyers and agent in this cause? But it carried that they could not, and we refused Lord Braco's bill reclaiming against our former interlocutor. In this question great stress was laid on their being both employed in this cause and acting in that communing for Lord Braco, and in his absence to prevent the process. For the interlocutor were President, Royston, Justice-Clerk, Minto, Drummore, Kilkerran, Dun, Leven. Arniston absent.

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