Subject_1 WITNESS.
Date: Isobel, Birrel
v.
Mary Fergus
18 June 1706
Case No.No. 128.
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In an action of reduction at the instance of Isobel Birrel, as heir to Agnes Birrel, of a disposition granted by the said Agnes to William Fergus her husband stante matrimonio, upon the granter's revocation, against Mary Fergus, heir to the said William; the Lords refused to admit before answer, several women (who as creditors to the wife, or as representing her creditors, had received payment of their debt from the husband) to depone as witnesses for instructing the onerous cause of the disposition; seeing women are inhabile witnesses in all civil causes, except where, ob penuriam testium, they are necessary, as about the birth of a child.
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