[1665] Mor 12410
Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. XII. Verbal Contracts.
Date: Scot
v.
Fletcher
27 January 1665
Case No.No 227.
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Witnesses sustained to prove a commodatum though the defunct had possessed the subject lent for eight or nine years, which his representatives pleaded did presume property, which was redargued by the pursuer's proving quomodo desiit possidere.
*** This case is No 287. p. 11616. voce Presumption.
*** A similar decision pronounced 28th July 1680, Wilson against Tweedie and Towris, No 287. p. 11090. voce Prescription.
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