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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamiltoune v Stewart. [1649] 1 Brn 392 (27 June 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010392-1039.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Hamiltoune
v.
Stewart
27 June 1649 Click here to view a pdf copy of this documet : PDF Copy
In the cause of exhibition pursued by Hamiltoune against Stewart, the disposition being produced, the pursuer alleged that there was a blank in it wrongously filled up by the defender in her own favour, quasi legatum sibi adscripsisset; and it was urged, that she should condescend on the writs. After long dispute, her procurator alleged that such a dispute could not come in hoc ordine; for if he would be absent after that the writ is exhibited, the Lords could decern no farther, but conform to the conclusion of the summons for delivery. And it was so found by the Lords. The pursuer protested, That his taking up of the writ should be no homologation of the same; but that he might be heard to challenge
it for the blank filling, as accords of the law, in respect that it condescends not on the writer and filler up, which is a nullity by the Act of Parliament. The which the Lords admitted. Page 13.
The electronic version of the text was provided by the Scottish Council of Law Reporting
