Date of writ being false, found not to infer falsehood of the whole of it, where the witnesses proved the verity of the subscription.
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Umquhile Dumbaith having disponed several lands to his oye, John Ross, brother to Kilraick, the Laird of May, Dumbaith's heir-male, pursues improbation and reduction of the disposition; and insisted upon this ground, that the disposition was false in the date, and that the defunct was alibi at the time it appears to have been subscribed; and, therefore, is false in all. It was answered, That there was only an error in the date, in respect the same right having been conceived formerly in favour of another, Dumbaith gave order to draw it over in favour of the defender verbatim, and the writer ignorantly wrote over the date as it was in that first disposition, which can noways annul the writ, especially seeing it was offered to be proved by the witnesses inserted that the writ was truly subscribed by Dumbaith, and them as witnesses, when he was in his liege poustie, against which no allegeance of alibi by other witnesses not inserted can be respected.
This having been disputed in the English time, the witnesses were examined before answer, by three of the Judges, and now the cause was advised.
The Lords found the defence relevant to elide the improbation, that the writ was truly subscribed before the defunct was on death-bed; and found the same proved by the witnesses adduced, and thereafter assoilzied.
