[1629] Mor 12379
Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. VII. Depositation being acknowledged, the terms how relevant to be proved.
Date: M'Gie
v.
Lord Yester
10 February 1629
Case No.No 173.
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If a writ be subscribed and not delivered to the party, but consigned in the hands of a third party till some cautioner subscribed the same, this writ cannot be thought to be the party's evident till the said condition be performed, and this condition anent the terms of the consignation may be proved by the depositar's oath.
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