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Christian Braidie, having pursued a reduction of a disposition, ex capite exhibitionis, against the Laird of Fairney, of all dispositions made by John Glassford to him, after her inhibition, he produced a disposition, holograph, wanting witnesses, of a date anterior. It was alleged, that the holograph writ could not prove its own date, contra tertium.
The Lords, before answer, ordained Fairney to adduce witnesses, and adminicles for astructing the date. He adduced four, the town-clerk, who deponed he dyted the disposition, and a town-officer, who saw it subscribed of the date it bears, and a third, who deponed he saw it subscribed on a market day at Cupar, which, as he remembered, was in March or April 1652, whereas the date bears the first of August 1652; but that Glassford, when he wrote it, laid it down upon the table beside himself, and saw it not delivered; and it being alleged, that the first of August, 1652, fell upon a Sunday;
The Lords considering, that infeftment was not taken upon the disposition for three years, and that there were no witnesses deponed upon the delivery, found the witnesses adduced, not to astruct the date of the disposition, and therefore reduced the same.
