Witnesses and writer of a disposition, in a reduction on the head of circumvention, examined whether or not the deed was fraudulently and falsely read.
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George Allan pursues reduction of a disposition granted by him to Fairie, upon the reason of circumvention, in so far as the disposition, though it was conceived absolute, yet it was expressly communed that it should contain a reversion, and was read as containing a reversion at the subscribing thereof, which was offered to be proved by the writer and witnesses inserted. The defender answered, That the reason was only probable scripto vel juramento, and so solemn a writ could not be taken away by witnesses. The pursuer answered, That the writer and witnesses inserted were most competent to prove a point in facto, viz. the fraudulent reading of that which was not contained; and there is here also produced an antecedent adminicle in writ, to grant a right redeemable.
The Lords, before answer, ordained the writer and witnesses inserted to be examined anent the terms of the treaty, and whether the disposition was read at the subscribing as an absolute or redeemable disposition.
