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In an action for proving of the tenor pursued by Mr. Alexander Lauder against Jean Home, for proving of the tenor of an infeftment of sasine given to umquhile Alexander Home of the Cross-gate of Coldingham, and his heirs male, in the year of God 1561, the Lords repelled an exception founded upon the like argument, as was proponed by John Murray against Drumlanrig in terminis, and sustained the action upon a case of admission founded upon the having of the said instrument by William Home of Grig, and upon his abstracting thereof, albeit it was offered to be proved, that he being pursued for having of the sad instrument, was assoilzied therefrom. Item, In the same cause the Lords found no necessity to produce the protocal of Sir John Flint, which was extant in the Laird of Ayton's hands, seeing it was affirmed, that the said protocal was riven and cancelled, and the said protocal would be produced in modum probationis. Item, The Lords astricted him to prove rei gestæ veritatem by witnesses who were present at the giving of the sasine, and found it was not necessary to prove the same per testes instrumentarios, except they were alive.
