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Mr. Henry Kinross pursued Graham in Stirling, Mr. John Archibald, and certain others, for exhibition and delivery of a bond made by them and umquhile Robert Harries; in which cause litescontestation being made, Mr. Henry produced one Duningston, writer in Stirling, to be witness. It was objected that his nephew was servitor of the pursuer Mr. Henry; which being confessed, thereafter Mr. Henry replied, that notwithstanding of this allegeance he should be received, because he was nearer of kin to the defender; notwithstanding whereof the Lords found the objection relevant, and rejected the witness.
