[1735] 1 Elchies 482
Subject_1 TENOR.
Chancellor
v.
Gray
1735 ,Dec. 2 .
Case No.No. 1.
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The tenor was fully proved of the heritable bond, and the adminicles were the sasine and scroll of the bond which were both sworn to; but the difficulty was the casus amissionis, as to which the notary said; he after the sasine returned the bond to Mr Bogle his employer, at least sent it to his wife; and Mr Bogle swore he did not remember that the had ever seen it after he gave it to the notary. There was another circumstance, that they went to the West Indies, and so could not retire it, but this was not proven.
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