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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ogilvie v Ogilvie. [1744] 1 Elchies 202 (2 November 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010202-004.html Cite as: [1744] 1 Elchies 202 |
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[1744] 1 Elchies 202
Subject_1 IMPROBATION.
Ogilvie
v.
Ogilvie
1744 ,Nov. 2 .
Case No.No. 4.
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Improbation being proponed against the warrants of some adjudications after they had by a decreet-arbitral been ranked with the other creditors, particularly the pursuers; the warrants were amissing, and it was made a question at the Bar, Whether falsehood is competent against writs concerning which a decreet-arbitral had been pronounced or if falsehood by the regulations 1695 is only competent against the submission or decreet, or the arbiter
proceedings? We all agreed, that unless falsehood had been specially submitted and determined, that it is competent; but then we thought these warrants being now lost and amissing not sufficient;—and therefore adhered, but with the addition, in respect no direct evidence was offered of the falsehood.
The electronic version of the text was provided by the Scottish Council of Law Reporting