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Gordon of Inverebry v Forbesses of Ballogie, Tulloch, and Balflug. [1699] 4 Brn 452 (28 February 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn040452-0886.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Gordon of Inverebry v. Forbesses of Ballogie, Tulloch, and Balflug
1699.
February28and
July8.
Click here to view a pdf copy of this documet : PDF Copy
[See the first part of the Report of this Case, Dictionary, page 194.]
February 28.—Trial having been taken on a complaint given in by Forbes of Ballogy and others, against Forbes of Tulloch, and Adam Gordon, (Vid. 7th February 1699,) that the said Tulloch and Mr Gordon had razed, vitiated, and antedated a brief taken out of the Chancery for serving him heir, and got the officer to antedate his execution, and swear it was done on fifteen days, whereas it was all carried on in forty-eight hours' time; and had made some of the inquest attest his propinquity of blood, who knew nothing of it; and some of thir particulars being proven, and the custom of the Chancery being pretended, that where none are prejudged, they give out their briefs of an antedate to dispatch the service; with which practice the Lords being much dissatisfied, and not having time to advise the whole, they ordained the said Mr Gordon and Tulloch to be imprisoned till they find sufficient caution to answer to the complaint, and undergo what the Lords shall determine against them, in June.
Vol. II. Page 48.
July 8 The probation, mentioned 28th February 1699, anent the antedating the brief, by Forbes of Tulloch and Gordon of Innerebry, against the Lord Forbes, Ballogie, and others, being this day advised; the Lords, for discouraging such practices, fined each of the two in 100 merks to the poor, and sent them to prison to lie during the Lords' pleasure.
