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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Falconer v Beattie in Montrose. [1627] 1 Brn 148 (11 December 1627)
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Cite as: [1627] 1 Brn 148
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[1627] 1 Brn 148
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Falconer
v.
Beattie in Montrose
11 December 1627 Click here to view a pdf copy of this documet : PDF Copy
It being objected against a Dutch assignation, that it wanted witnesses, and did not design the writer thereof;—Replied, That it was made after the form of that country. Duplied, It being given by one Scotsman to another, and the same being payable in Scotland, it should have been made conform to our laws. The Lords sustained the assignation, the assignee either proving the custom of the country, or else finding caution to warrant it at all hands, at his option.
Page 65.
The electronic version of the text was provided by the Scottish Council of Law Reporting