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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Mungo Wood
v.
Rollo of Powhouse
5 June 1672 Click here to view a pdf copy of this documet : PDF Copy
Mungo Wood, merchant in Edinburgh, pursues Rollo of Powhouse, as heir to his father, for payment of a merchant accompt, current for several years, whereof the last articles were within three years of the pursuit. The Lords found the whole probable by witnesses. And, at the advising of the cause, the whole articles of the accompt being fourteen, they were all proven by two witnesses; except some few in the middle of the accompt, not exceeding ten pounds Scots, which was proven but by one witness. And, seeing umquhile Powhouse died shortly after the taking on of the account, so that his oath could not be taken, the Lords took the pursuer's oath of supplement, and decerned for the whole.—One of the witnesses was the receiver of the goods, and the other had been the merchant's servant at the time, who gave them off.
Vol. II, Page 83.
The electronic version of the text was provided by the Scottish Council of Law Reporting