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Scottish Court of Session Decisions >>
Thomas Sibbald v Margaret Riddoch. [1677] 3 Brn 195 (13 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030195-0238.html Cite as:
[1677] 3 Brn 195
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Thomas Sibbald v. Margaret Riddoch
Date: 13 November 1677
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Thomas Sibbald, writer in Edinburgh, obtains a decreet against one Margaret Riddoch, before the Bailies of Edinburgh, holding her as confessed, upon the maill and duty of a house possessed by her, and whereunto he had right by apprising. This decreet was suspended on this reason, that she being only a tenant, and holden as confessed on an exorbitant quantity, it was craved she might be reponed to her oath, at least they might be put to prove her libel, she being a widow woman, and ignorant. Answered,—The decreet is opponed, bearing her to have been personally apprehended, and the rent decerned for was but small, and she wanted a reduction; and at this rate there should never be a decreet in absence but it might be sought to be turned into a libel; and he was not bound to consent to it, or accept the expenses of his decreet, but he mordicus adhered to it.
Some Lords would not have stuck to have reponed her; but Newton, who is strictissimi juris, affecting Scævola et Africanus religious severity in following the law closely, refused, though there had been a reduction, since there was no probable cause alleged for purging her contumacy.
