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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Heriot v John Wight. [1780] Hailes 849 (20 January 1780)
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Cite as: [1780] Hailes 849
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[1780] Hailes 849
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 WRIT.
Subject_3 Devolution to an oversman in a submission, must be according to the Statute 1681.
Date: James Heriot
v.
John Wight
20 January 1780 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VIII. 195; Dictionary, 661.]
Justice-Clerk. The deed is signed by both parties: Will not this be sufficient evidence of the fact?
President. The prorogation cannot be supported: the naming an overs- mau is, in effect, a new submission, and it is certain that a submission must be in the form prescribed by the Act 1681.
Braxfield. There is a necessity of adhering to the Act 1681.
On the 20th January 1780, “The Lords sustained the reasons of reduction.”
Act. J. M'Laurin. Alt. Ch. W. Little. Reporter, Alva.
The electronic version of the text was provided by the Scottish Council of Law Reporting