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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Mr William Thomson's Daughter
v.
Duke of Hamilton
9 June 1688 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at the instance of Thomson against the Duke of Hamilton upon a precept,—Alleged for the defender, That the precept was null, as wanting writer's name and witnesses, and not holograph. Answered for the pursuer, That he offered to prove the subscription by the Duke's oath. And the Duke having deponed, that the subscription was not his handwrit, to the best of his knowledge, it was alleged, at advising, that the oath was not positive, but only an oath of credulity, and that the precept could be adminiculate by other papers produced by the defender, which imported a homologation of the precept. The Lords found the oath did admit of no other probation.
Page 211, No. 746.
The electronic version of the text was provided by the Scottish Council of Law Reporting