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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Deckmont v Colonel Borthwick. [1688] 2 Brn 119 (18 February 1688)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: The Laird of Deckmont
v.
Colonel Borthwick
18 February 1688 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit, at the instance of one deriving right from the deceased Hamilton of Deckmont, against Colonel Borthwick, for payment of some bonds due by the Colonel, and assigned to Deckmont, his father-in-law; the defender produced Deckmont's missive letter, bearing, that the defender had left 5000 merks with him for paying these bonds. Alleged for the pursuer, That the subscription of the missive was very suspicious; and the missive was also null for not being holograph, and wanting witnesses. The Lords, upon comparing Deckmont's subscription of the letter with his other true subscriptions, found it very different in the shape of the letters; and found the missive not probative for want of witnesses.
Page 160, No. 577.
The electronic version of the text was provided by the Scottish Council of Law Reporting