Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. III.

What Proof relevant to take away Writ.

Daes
v.
Fullerton

Date: 7 December 1710
Case No. No 111.

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In a reduction, upon the act 1621, of an assignation, which bore not only for love and favour, but for other causes and considerations, the assignee offered to prove the onerous causes; yet the Lords sustained the reduction, because they would not allow the assignee to prove contrary to the terms of his own writ.

Fol. Dic. v. 2. p. 223. Fountainhall.

***This case is No 50. p. 921, voce Bankrupt.