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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Mr Charles Lindsay
v.
Cunninghamhead
17 Dec 1684 Click here to view a pdf copy of this documet : PDF Copy
A subscribed account found not probative, and false, upon these indirect articles of improbation, viz. the dissimilitude of subscription, and different way of spelling words from the writer's usual subscription and method of spelling; and near forty years' taciturnity and seeking payment; albeit, comparatione literarum, as great a difference was observed betwixt the party's true uncontroverted subscriptions as betwixt these and that quarrelled; and the probation by witnesses was directly contrary, and equally pregnant; so that nothing of material objection seemed to remain but the long silence in requiring payment, which was but a light presumption per se, seeing law allows forty years to pursue.
This decision seems hard: but here the pursuer not being concerned in the account, but in another debt therein mentioned, which he was like to recover, he did not reclaim.—Castlehill's Pratt, tit. Improbation, No. 97.
Page 153, No. 550.
The electronic version of the text was provided by the Scottish Council of Law Reporting