Objection to a testing clause, that the persons who signed as witnesses were not said to be witnesses in the body of the writ, repelled.
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In the day-book of interlocutors, I find Lord Drummore reported the following objection to the testing clause of an assignation. The clause run thus; “In witness whereof, I have subscribed thir presents with my hand, written by Mr. David Lyon, commissary of Brechin, the first day of December, 1706 years; William Gray, precentor in the church of Brechin, William Hall, merchant in Brechin, and the said Mr. David Lyon. Signed Magdalen Livingston. William Gray witness, William Hall witness, David Lyon witness.” It was objected as a nullity, that the persons who sign witnesses were not said to be witnesses in the body of the writ, but witness only adjected to their subscriptions.
