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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archbald Morton v Agnes Elliot. [1630] 1 Brn 177 (12 January 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010177-0405.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Archbald Morton
v.
Agnes Elliot
12 January 1630 Click here to view a pdf copy of this documet : PDF Copy
Archbald Morton charged Agnes Elliot for £106, conform to her bond. She suspended upon the Act of Parliament 1579, finding all matters of importance, not subscribed by two notaries and four witnesses, null; but so it was, that the pursuer's bond was only subscribed by one notary and three witnesses. The Lords, after that the matter was continued three or four times, at last deliberately gave their interlocutor, that the pursuer might restrict his bond to a hundred pounds, although it contained more, and that it should stand good for so much, and only be null for the superplus.
Page 66.
The electronic version of the text was provided by the Scottish Council of Law Reporting
