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A Man pursuing the maker of a bond to him, to deliver the bond as his evident, because it being subscribed and delivered to him, he gave it back again to the maker to get it subscribed by cautioners, and offering to prove the summons by four Lords of the Session, being testes omni exceptione majores;—the Lords inclined to admit that probation, albeit the defender contended, that no probation could be received, but writ or oath of party.
