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Scottish Court of Session Decisions >>
Ross of Tullisnaught v Gairden of Midstraith. [1685] 3 Brn 547 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030547-0824.html Cite as:
[1685] 3 Brn 547
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1683 and 1685.
Ross of Tullisnaught v. Gairden of Midstraith
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1683. December 18.—The Lords (though it was a concluded cause,) ordained witnesses yet to be adduced, anent Tullisnaught's accession to the vitiation of the paper in question, only upon a letter written by Midstraith's wife, bearing, that there were further witnesses to be got not formerly known.
Animosity arising on this process, I hear, in August, Tullisnaught meets Midstraith in the way, and wounds him.
Quæritur if this assault will make him criminally guilty of the falsehood, as it will make him lose the civil effects of the depending process.
Vol. I. Page 251.
1685. March 10.—Upon advising the improbation pursued by Ross of Tullisnaught against Gairden of Migstrath, mentioned 18th December 1683;—the Lords first committed both parties to prison; and then, after trial, found the bond of thirlage (except as to four bolls of victual yearly,) was vitiated, and of temporary was made perpetual; whereupon they liberated Tullisnaught, and improved the paper as false, and detained Midstrath in the tolbooth; and the next day voted if he should be referred to the Criminal Court, as art and part, or otherwise accessory. But being chamberlain to the Duke of Gordon, they found he had not made use of it, but only found it among his father's papers; and so minime constabat who had falsified it: yet they fined him in L.1000 Scots of expenses to the pursuer, and ordained him to lie in prison till it were paid. The King's Advocate was so displeased with this lenity, that he threatened, though falsehood was growing daily, yet he would never pursue one of them again, but liberate them all, that they might at last cheat the Lords themselves.
