Payment and Consignation how relevant to be proved.
L Semple v. Somerville
Date: 29 March 1623 Case No. No 137.
Payment of annualrents probable by witnesses.
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The charger, by his ticket in May 1622, subscribed with his hand, continued the principal sum until Whitsunday 1625, being 1110 merks, the suspender paying termly the annualrent. In the mean time, he offers to prove, by witnesses exceptione majores, payment, and real numeration of the annual of the bygone terms. Finds the reasons relevant to be proved by witnesses exceptione majores. Nota, The ticket bears only principal and expenses.
Clerk, Durie.
Fol. Dic. 2. p. 223. Nicolson, MS. No 464. p. 321.
