Payment and Consignation how relevant to be proved.
Agnew and Muir v. Agnew of Croich
Date: 14 June 1687 Case No. No 153.
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The Lords found, in the case of Agnew and Muir contra Agnew of Croich, That the delivery of victual for extinguishing the irritancy of a back-tack in a wadset was probable by witnesses; though it took away writ, and might extinguish the whole wadset. They had formerly found this satisfaction and payment probable by witnesses for extinguishing an infeftment of annualrent, 4th February 1671, Wishart, No 3. p. 9978.; but had not extended it to wadsets till now.
Fol. Dic. v. 2. p. 224. Fountainhall, v. 1. P. 456.
***A similar decision was pronounced, 7th January 1662, Lauderdale against Tenants of Swinton, No 5. p. 10023. voce Payment before Hand.
