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Scottish Court of Session Decisions >>
Keir v Pardowie. [1597] Mor 17062 (00 February 1597)
URL: http://www.bailii.org/scot/cases/ScotCS/1597/Mor3817062-343.html Cite as:
[1597] Mor 17062
In an improbation of a precept of sasine, it being found rased, and falsified in the name of one room, was declared false as to that particular, but sustained in other respects, because one of the parties whom it concerned, was not particeps doli.
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The Laird of Keir pursued the Laird of Pardowie younger, William Hamilton, and certain others to hear and see ane precept of sasine of certain lands alleged given by the said Laird of Keir to the said young Laird of Pardowie improved; whereanent probation being deduced, it was found that the said precept was vitiated and falsified in the name of ane special room and steading of land. After advising of the cause, it being pronounced against the said William Hamilton, who produced and abode by the said precept that the same was false, and forged in that part concerning the said special room, (the precept being otherwise true and not quarrelled as falset in the hail, but of erasure and falsification of that point;) the Laird of Keir alleged that the precept behoved to be decerned false in the hail, because the defender had used the said precept in judgment, it being falsified as said is. The Lords found, that they would nowise decern the said precept to make no faith in the remanent heads against young Pardowie, because it was tried that the said precept was a true deed, and only falsified in that point, sine facto aut culpa of the young Laird of Pardowie, and therefore assoilzied him frae the hail rest;, except the particular room erased.
