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Scottish Court of Session Decisions >>
Jardine v Lady Melgum. [1573] Mor 9359 (20 March 1573)
URL: http://www.bailii.org/scot/cases/ScotCS/1573/Mor2209359-008.html Cite as:
[1573] Mor 9359
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Robert Jardine of Badderdy pursued the Lady Melgum for spoliation of certain corns from him by her, which were referred to his probation; but in the advising, the Lords found, That the witnesses had proved spoliation of oats only, and of no other corns, albeit there were other corns libelled, such as bear, wheat, pease; yet notwithstanding, the Lords found a part of the libel sufficiently proved; being proved, to give the whole libel to the pursuer's oath; albeit others thought that absolvitor should have been given from the rest of the corns; for it is sufficient if any part of the libel be proved, to give the whole libel to the pursuer's oath, as said is, and condemnator pronounced upon the hail libel, conform to the pursuer's oath.
