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It being objected against one Douglas, brother to Tilliquilly, that he could not be admitted a witness in the proving of the tenor of a charter of the lands of Allagaven, against Sir Peter Fraser; the Lords rejected him, because he had brought over the diligence, and had been active in it, and was brother to the receiver of the disposition, who, though he had absolute warrandice, yet did not desire to lose his policy and planting, or, to be put to recur on his warrandice.
