[1669] Mor 12315
Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. III. What Proof relevant to take away Writ.
Date: Wallace of Galrigs
v.
M'Kernel
9 January 1669
Case No.No 82.
Witnesses examined relative to the delivery of sasine propriis manibus.
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Umquhile Wallace of Galrigs being alleged to have given a sasine propriis manibus, to his second wife, of two chalders of victual;
The Lords sustained the sasine without any other adminicle, but that the wife had quited her former liferent by a former husband, in favour of Galrigs, whereupon Galrigs offered to improve the sasine by the witnesses inserted, which being four, two deponed positively that they were never witnesses to a sasine given by Galrig's to his wife, and the third deponed, that he remembered not that he was witness; the fourth deponed, that he was witness, but said that this sasine was in summer, whereas it bore to be in winter; the notary abode by the sasine, but was not examined.
The Lords found the sasine improved, but would not examine the notary, nor any other person, mainly in consideration that the sasine was propriis manibus, without any other adminicle; otherways the notary and one witness
affirming, the Lords would have examined the notary or any other persons or evidences for astructing the verity of the sagine.
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