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The tenor of a bond of 13,000 merks, and an assignation, found proved by writs and decrees before the Lords, narrating the substantials of them, viz. debtor, creditor, sum, annual-rent, penalty, and term of payment of the bond, and the substantials of the assignation, so much as uses to be recited in writs and productions in a decree before the Lords. Here there were no witnesses deponing on the tenor, the writs being dated in the year 1636, and the witnesses inserted being dead since intenting of the tenor, which was delayed through the defender’s litigiousness. And the casus amissionis was, that the writs were delivered to my Lord Argyle, as appeared by his receipt produced.
