Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 22 December 1683
John Calderwood v. Scott of Lockguarret
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Mr John Calderwood against Scott of Lockguarret being advised, the Lords found, from the depositions taken in the incident, and the writs produced by the pursuer, and defender, that the missive letter produced is fully astructed to be the hand-write of Andrew Calderwood; and repel the exception of im-probation hoc loco, as not now competent post conchisionem in causa; the said missive having been produced in modum tituli ab initio; reserving action of improbation as accords of the law. And find the pursuer's title is now astructed by production of the principal bond, and that the oaths taken in the incident do not prove payment; and find the general discharge produced does not meet, not being granted for debts and cautionries due by umquhile Walter Scot to umquhile James Calderwood, but only in relation to debts betwixt umquhile James Calderwood and James Scot; but sustain the compensation for the sum contained in James Calderwood's ticket, the defender proving the same to be holograph, and condescending upon that part of the count-book produced, where the like sum for the same cause and year of God 1653, expressed in the ticket, was counted for and stated. As also sustain the receipt under Bailie William Scott's hand, discharging a part of the said sum, to elide the ticket pro tanto, the pursuer always proving the said holograph receipt to be the hand-write of the said William Scot, and assign the 10th of January next for proving; and grant diligence to both parties for that effect; but decern for the superplus above what is craved to be compensed.
