Payment and Consignation how relevant to be proved.
Ragwel Bennet v. Matthew Foulden
Date: 16 January 1629 Case No. No 142.
Delivery of eorn, &c. by a tenant in satisfaction of rent, may be proved by witnesses, even against an arrester.
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In an action pursued by Ragwel Bennet against Matthew Foulden, for certain farms addebted by the defender to Walter Turnbull, and arrested in his hands by the pursuer, who was a creditor of Walter's, Ragwell obtained a decreet against Matthew for not compearance, whereupon he having charged, Matthew suspended upon this reason, That he had paid his farms to Walter before the arrestment; for verifying whereof, he produced an account of some kine and corn, &c. given by him to Walter. Answered, This reason was noways verified, seeing that account might be made up by himself, it not being subscribed by Walter. The Lords, notwithstanding both of the standing decreet, and that the account was not liquid, admitted that reason to be proved by witnesses, and to that effect granted him a term.
Fol Dic. v. 2. p. 225. Spottiswood, (Probation.) p. 243.
