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Scottish Court of Session Decisions >>
James Herriot v John Wight. [1780] Mor 661 (20 January 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Mor0200661-060.html Cite as:
[1780] Mor 661
The devolution to an oversman must be signed by the arbiters before witnesses.
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These parties submitted all disputes between them to James Ronaldson and John Scott as arbiters; with powers, in case of variance, to elect an oversman. The arbiters differed in opinion, and made choice of Robert Wight, who gave a judgment in favour of Herriot.
In a suspension of this judgment, “the Lords found, That the devolution to the oversman, not being attested by witnesses, in terms of the statute 1681, was void and ineffectual.”
Lord Ordinary, Alva.Act. Little. R. Dundas.Alt. Maclaurin.Clerk, Tait.
Fol. Dic. v. 3. p. 36. Fac. Col. No. 102. p. 195.
