Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. IV.

Decrees, Acts of Court, &c.

Provost of Forfar
v.
William Cuthbert

Date: 27 January 1682
Case No. No 418.

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A decreet being quarrelled because the probation was a judicial confession, as the decreet asserted, and was not subscribed by the party, and so but the assertion of the clerk of Forfar, consequently the decreet ought to be turned into a libel;

The Lords sustained the decreet on the said probation, the decreet not being for a debt, but having proceeded upon a complaint against the defender for abusing the Provost, adhered to and owned by the defender in face of the Court, as the decreet bore; but the Lords assoilzied from that part of the sentence taking away his burgess-ship, and decerned for the L. 40.

Fol. Dic. v. 2. p. 247. Harcarse, (Probation.) No. 782. p. 221.