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Scottish Court of Session Decisions
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Agnes Wood
v.
Galbrath, &c
5 January 1650 Click here to view a pdf copy of this documet : PDF Copy
[See page 454.]
In the foresaid action, Wood against Galbrath, there is now exception of payment proponed; but, because the bond was made in Ireland, after the English form, and the place of payment is expressly designed by the bond to have been made at a certain house in Ireland, they craved, that, as there, so here, the payment might be proven by witnesses; which is not admitted here, suppose it were within £100, if it take away writ. Likeas, it was alleged, That the action being for goods only within this kingdom, if there be any; since they are in Ireland, animo remanendi, the probation ought not to be sustained here, but according to the custom of this country. Wherein the Lords inclined to admit probation by witnesses, they first proving that it is the constant practick in those parts to do so.
Page 138.
The electronic version of the text was provided by the Scottish Council of Law Reporting