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Scottish Court of Session Decisions >>
Macmillan and Carse v John Macfarlane. [1705] 4 Brn 602 (13 January 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Brn040602-0097.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Macmillan and Carse v. John Macfarlane
Date: 13 January 1705
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At the same time a parallel case, about publications, was decided betwixt John Macfarlane, writer to the signet, and Macmillan and Carse. They pursued him for a debt, and, referring it to oath, during the dependence they raised and executed an inhibition against him, he having deponed negativè and, coming to be advised, he was assoilyied; and, finding the pursuit calumnious, the Lords modified £50 of expenses; but, the inhibition being registrate, for taking off the effect of that, (seeing records may not be vitiated or altered,) it was thought the keeper might be authorised to write on the margin that the party was assoilyied, by a decreet of the Lords, from the dependence and ground of the said inhibition. But, seeing they ought to insert nothing but what is proven, therefore it might be likewise fit that the said John Macfarlane should likewise registrate the decreet-absolvitor in the said books, though they are not appointed for decreets, but only for seasines and inhibitions.
