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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
The Laird of Lamingtoun
v.
James Oswald
1686 .February .Click here to view a pdf copy of this documet : PDF Copy
In the improbation of a tack, at the instance of Lamingtoun against James Oswald, the defender produced a registrate extract in the year 1632, and contended, That, after so long a time, he could not be obliged to produce the principal,—especially the pursuer and his authors having homologated the same by their constant payment of the tack-duty. Answered, The tack is not quarrelled as to the verity of it, or the quantity of the tack-duty; but as to the endurance, in respect the extract contains more years than the principal. The Lords stopped certification till the registers might be searched; and inclined to sustain the tenor proven, in case it were not found.
Page 157, No. 565.
The electronic version of the text was provided by the Scottish Council of Law Reporting