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It being objected by one of the parties in a minute of sale, That the writ was null, because one of the two instrumental witnesses was infamous, infamia juris; in so far as there was a decree of improbation of a bond obtained against him some years before, finding him accessory to the forgery, and ordaining it to be cancelled; the Lords repelled the objection, and found it no nullity, the witness being chosen by mutual consent.
Fountainhall.
This case is no No. 37. p. 8433. voce Locus Pænitentiæ.
