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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Darling v Kennan. [1745] 1 Elchies 402 (25 January 1745)
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Cite as: [1745] 1 Elchies 402
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[1745] 1 Elchies 402
Subject_1 REGISTER.
Darling
v.
Kennan
1745 ,Jan. 25 .
Case No.No. 7.
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An inhibition in March 1665 which had been produced in process in this Court about 1674 remained in Court all this time, and was attested duly by the clerk to
have been registered: Being now quarrelled as not being to be found in the record, we thereupon found it void and null. The party reclaimed and alleged that the records of inhibitions in that county were amissing from 1621 to April 1665, in which period this was executed. That the clerk's attestation is a præsumptio juris that it was booked, and no challenge to it in this Court before now. Yesterday we ordered the lawyers on both sides to look at the records and to be heard, and this day they reported what they had observed, and thereby it appeared the books extant were rather a collection of old schedules found in the office than a book of record, and was not all signed by the clerk-register, and many leaves still blank, and several different books of the same period of time;—therefore we refused the bill and adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting