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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John M'Donald of Breakish v John M'Donald of Clanranald. [1778] Hailes 789 (19 February 1778) URL: http://www.bailii.org/scot/cases/ScotCS/1778/Hailes020789-0482.html Cite as: [1778] Hailes 789 |
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[1778] Hailes 789
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 WRIT.
Subject_3 Objection to a deed not mentioning the number of pages. - Not stamped.
Date: John M'Donald of Breakish
v.
John M'Donald of Clanranald
19 February 1778 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VIII. 28; Dictionary, 16,956.]
Braxfield. The objection on the statute 1696, is not good,—it applies not to this case; for the whole deed is written on one sheet of paper. As to the other objection,—this is a contract, and it ought to be stamped. But still the defect may be supplied. I have known papers taken out of process, and sent to London to be stamped.
Kaimes. I doubt of this being a contract. It is a minute previous to a contract: but then a strong objection occurs, that thus the revenue will be defrauded.
Justice-Clerk. If parties may make a solemn contract, and then throw in a clause, obliging themselves to extend, on stamped paper, what is already, in effect, extended, and if this shall be held free from the stamp-acts, that branch of the revenue will be lost.
On the 19th February 1778, “The Lords repelled the objection on the Act 1696; but found that the pursuer cannot proceed, until the agreement founded on is stamped.”
Act. P. Fraser. Alt. Ilay Campbell. Reporter, Covington.
The electronic version of the text was provided by the Scottish Council of Law Reporting
