Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. III.

Steps of Procedure necessary in all Processes.

Prestongrange
v.
Sir John Sinclair of Longformacus

1682. March.
Case No. No 81.

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Found, That a pursuer ought to prove his libel, though not expressly denied by the defender; and a decreet was turned into a libel, because the libel on which it proceeded was not proved, albeit the defender did not positively deny it in his defence, seeing his procurators did not expressly acknowledge it; and the ratio rationis was because the defence denying the libel is a thing of course, which clerks often forget to mark, or the defender's procurator forgets to make.

Fol. Dic. v. 2. p. 182. Harcarse, (Decreets.) No 400. p. 106.