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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Queen's Advocate v David Weems. [1546] 1 Brn 115 (00 January 1546) URL: http://www.bailii.org/scot/cases/ScotCS/1546/Brn010115-0219.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.
The Queen's Advocate
v.
David Weems
1546 .Click here to view a pdf copy of this documet : PDF Copy
The Queen's Advocate summoned David Weems to produce an instrument of sasine of his, and to hear and see it civilly improven. Alleged, That he was minor, et agebatur hic super hæreditate sua et annullatione suæ sasinæ hæreditariæ; super qua non tenebatur placitare. The Lords repelled the allegeance; nam iniquum censuerunt, ut minor, ex suo suorumve dolo aut fraude, (in confectione falsi instrumenti,) reportaret commodum. Tum etiam periculum erat in mora, si improbatio differretur in perfectam ætatem illius; nam interea possent testes instrumentarii perire, et sic instrumentum nunquam posset improbari.
Page 165.
The electronic version of the text was provided by the Scottish Council of Law Reporting
