Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Robert Farquhar
v.
Wallace
14 February 1629 Click here to view a pdf copy of this documet : PDF Copy
A party being pursued for exhibition of a bond made to him that pursues for the same, who alleges, in his summons, that he delivered the said bond to the defender;—it was answered, That this delivery cannot be proven but scripto vel juramenlo partis. The pursuer replies, That the delivery of a writ may as well be proven by witnesses, as the having of the same. The Lords sustained the probation prout dejure.
Page 70.
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