Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Lockie v. -
Date: 20 November 1627 Case No. No. 283.
A bond subscribed by two notaries, before three witnesses only, found unchallengeable, in consequence of payment of annual-rent.
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Lockie pursues a reduction of a bond of 400 merks granted by umquhile Lockie his ——to ——, against ——, assignees constituted thereto, and having comprised thereon ex hoc capite, that it was subscribed only by notaries for the party, and before three witnesses inserted and subscribing, against the act 1579. Mowat answered, The three inserted and subscribing were a greater solemnity than four inserted, and none subscribing which were sufficient by the act: Farther, the co-notary was a witness, and so made four: Lastly, As a Bailie might be witness in a sasine, so might a co-notary. (Cunningham procurator.) Replied, Oppones the act. Reduces, notwithstanding of the answer. Thereafter answered, Homologated by payment of annual-rent by the granter sundry years. Replied, Non relevant nisi probat. scripto vel juramento partis, and that they declare whilk of time they will use probation. The answer, Scripto vel juramento, which at the first term.
