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Dundas of Breastmill v Wedderburn of Gosford. [1694] 4 Brn 205 (27 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040205-0464.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Dundas of Breastmill v. Wedderburn of Gosford
Date: 27 July 1694
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This was a charge, upon a decreet, for 3000 merks, bearing that it proceeded on Gosford's consent. He now denied the same, having never offered more at the communings than £100 sterling, and there was nothing under his hand to prove it; and it could not be made up ex reminiscentia judicis; and if he gave it this way, it must expose him to the pursuit of other creditors.
The Lords found the decreet null, for want of probation of his consent, the clerk's assertion not being sufficient for it; but recommended to Gosford to settle with him.
