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In the action Brown against Gordon, it being controverted, in a pursuit for exhibition of a writ belonging to the pursuer, which the pursuer libelled was delivered to the defender by a third party, whether the said delivery was probable prout de jure, or only scripto et juramento? This deing taken to interlocutor by Newton, the Lords found it probable by witnesses; 13th December, 1626, E. of Rothes, No 22. p. 12273. where the contrary was found.
