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Grierson and Mackie v Scots & Hair. [1699] Mor 17022 (23 November 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Mor3817022-304.html Cite as:
[1699] Mor 17022
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Grierson and Mackie v. Scots & Hair
Date: 23 November 1699 Case No. No. 304.
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In the suspension of a decreet-arbitral by Grierson and Mackie against Scots and Hair, the point was, that the decreet was null, being in a matter of importance, and the submission only subscribed by one notary contrary to the 80th act of Parliament in 1579. Answered, You have homologated the decreet by accepting payment of 1200 merks conform to their discharge of the same. Replied, The discharge laborat eodem vitio, and is only signed by one notary. Duplied, The discharge was only null in so far as it exceeded £100 Scots, but was valid being restricted thereto; which being granted, then the acceptance of £100 in part payment of a sum decerned by a decreet-arbitral is as good a homologation as payment and discharging of the whole. The Lords found it a sufficient homologation.
