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[1678] Mor 16678      

Subject_1 WITNESS.

Caldwell
v.
Caldwell,

A
v.
Rollo

Date: 18 July 1678
Case No. No. 81.

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Being queried, If a curator, after expiration of his office, might be witness where it tended to his exoneration, since he never intromitted, and was alike sib to both; the Lords resolved he might.

In another query, If a tutor could be admitted to prove the passive titles against the Lord Rollo, whose pupil had the like action on the passive titles; the Lords determined negative, except in penuria testium, and then to be received cum nota.

Fountainhall MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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