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In Alexander Arbuthnot's cause against Knox, improving of the bond produced by her, and granted to her by her husband, betwixt her contract and marriage, when she came to abide at the truth thereof, (for Laurieston her brother resiled,) she offered to abide at it, qualified thus, that she had received it from her brother Laurieston, among whose papers it was laid up, she being only a girl 15 years old when it was done and granted. “ The Lords ordained her to abide simply and absolutely at the truth thereof.” This was no more than what they had done formerly in the case of Lady Logie, No 179. p. 6756. But where the user of a writ is an assignee or heir, the Lords sometimes permit them to abide at the verity thereof only qualificate.
Fol. Dic. v. 3. p. 313. Fountainhall, v. 1. p. 20.
