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Scottish Court of Session Decisions >>
Duke of Roxburgh v Rutherford. [1729] Mor 11549 (00 February 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2711549-223.html Cite as:
[1729] Mor 11549
Vitiated Writs when presumed Fraudulent, when Innocent. - An impossible condition in a Writ, presumed an error of the Writer.
Duke of Roxburgh v. Rutherford
1729.
February. Case No. No 223.
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It was found to be a nullity in an apprising, that the third sheet appeared, from ocular inspection, to have been made up and put in since the allowing of the apprising, though the apprising was offered to be supported by production of the letters and executions to which it was conform; which was not found relevant, it being sufficient to say, that non constat this was the apprising signed by the messenger; that the presumption was otherwise from the vitiation; and that therefore the writing can bear no faith. (See Appendix.)
