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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Low of Brackley v Beatson of Mawhill. [1738] 1 Elchies 515 (7 November 1738)
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Cite as: [1738] 1 Elchies 515
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[1738] 1 Elchies 515
Subject_1 WRIT.
Low of Brackley
v.
Beatson of Mawhill
1738 ,Nov. 7 .
Case No.No. 6.
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The Lords were divided in this question, Whether a nullity of a bond of thirlage, that one of the witnesses signing is neither named nor designed, can be supplied by a condescendence? but found, by a great majority, that it was not suppliable, renit President, Arniston, et me. I thought it suppliable, but that it was not enough, as in this case, to shew another writing with a subscription at it, that comparatione is like this, for though it were the same, it might have been signed by him yesterday, (supposing the witness still alive;) but that they should prove that he actually signed that bond at the time, 25th January.—7th November, A proof, before answers, of the prescription to both parties.
(The date of the bond of thirlage, is in the text, erroneously printed 1745, instead of 1645.)
The electronic version of the text was provided by the Scottish Council of Law Reporting