Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.

Colonel Alexander Bruce
v.
Henry Davidson

Date: 22 January 1791

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[Folio Dict. III. 436; Dict. 8881.]

President. In the case of Stewart, I wrote for the receiving of explanatory evidence, and was unsuccessful. In the case of Gordon of Whitely, I wrote against the receiving of explanatory evidence, and there also I was unsuccessful. The claimant ought to have produced prima facie evidence, connecting his lands with the valuation, though that evidence might hereafter turn out to be erroneous; but here the evidence is not ex facie good as to the estate of Balmichael.

Justice-Clerk. If new evidence were not to be admitted as well for as against the claimant, great injustice would be done: men might be put on or kept off without cause. The freeholders have not time nor opportunity for expiscating a number of facts which, upon more deliberate inquiry in this Court, may be discovered, and prove material.

On the 22d January 1791, “The Lords repelled the preliminary objection.”

Act. G. Fergusson. Alt. W. Robertson.

Diss. as to specialty, Hailes, President.