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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Chrichton v Syme. [1772] 5 Brn 640 (00 January 1772)
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Cite as: [1772] 5 Brn 640
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[1772] 5 Brn 640
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 WRIT.
Chrichton
v.
Syme
1772 .Click here to view a pdf copy of this documet : PDF Copy
Chrichton pursued Syme on a missive for relief of cautionry. Syme suspended, and pleaded that the missive was not holograph nor tested in terms of the Act 1681, and, not being in re mercatoria, was void and null. The Lords, 21st July 1772, found so; and that it could not be supported by referring the verity of the subscription to Syme's oath. The cause came before Lord Justice-Clerk, who took it to report on information. The Lords ordered additional memorials, and then decided. “They sustained the reasons of suspension, suspended the letters simpliciter, and decerned.”
Had it been in re mercatoria, the missive would have been sustained, Clark against David Ross, papers dated summer 1778.
The electronic version of the text was provided by the Scottish Council of Law Reporting