Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Hige
v.
Plumber
16 July 1629 Click here to view a pdf copy of this documet : PDF Copy
One having taken lands in wadset, and pursuing another, haver of the writs of these lands, for delivery thereof,—who compearing, and producing a bond of borrowed money from the defender by the pursuer of the wadset, for satisfying whereof he alleged that he had given these writs in pawn and security before the wadset;—the Lords sustained the allegeance, and found that the impignoration should be proven by the writ or oath of the wadset-giver who impignorated the same, and not by the oath of the wadset-taker, who was probably ignorant thereof.
Gibson, Clerk. Vid. 21st December 1626, Sir Ja. Dundas.
Page 463.
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