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In an action pursued by Captain Seaton against Cant, relict of Cromwell Balfour, it was found, That it could not be proved by witnesses that Wotherspoon, alleged notary to the obligation whereupon the pursuit was founded, was witness habilis et reputatus, a famous and legal notary to whom recourse was had, &c.; but that the same behoved to be proved by three unsuspected instruments at the least to which he was notary, which behoved to be produced.
