Duke of Gordon v. John Gordon [1759] UKHL 2_Paton_26 (21 March 1759)

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Page: 26

(1759) 2 Paton 26

CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.

[Mor. 6678.]

No. 10.


Duke of Gordon,     Appellant

v.

John Gordon,     Respondent

House of Lords, 21st March 1759.

Subject_ProofFraudRelevancy.—

General allegations of fraud are not relevant to go to proof.

In this case (which see reported in Morison, p. 6678), it was held, in a reduction of a lease, that general allegations

Page: 27

of fraud in entering into the lease were not relevant to go to proof. The case was appealed.

After hearing counsel, it was

Ordered and adjudged that the interlocutor of the Court of Session be affirmed.

Counsel: For Appellant, R. Dundas, C. Yorke.
For Respondent, Alex. Forrester, Al. Wedderburn.

1759
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