Scottish Court of Session Decisions

Subject_1 WITNESS.

Shaw
v.
Isobel Anderson

1743, June 22.
Case No. No. 15.

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I was in the Outer-House. A relict and executrix of Lizards a farmer, pursuing a meal-maker for the price of victual furnished by her husband, which she was to prove by witnesses; the defender owned that for many years the defunct had been in use of furnishing corn, and he always paid the price when it was ground, without any writing on either side, and offered to prove payment of the victual in question by witnesses, and which in part appeared by the relict's acknowledgment,—but neither party kept books. The Commissaries found payment of money proveable only scripto; and two bills of advocation were refused; but on a reclaiming bill, the Lords remitted to the Commissaries, with instructions to allow a proof by witnesses before answer. Vide Act of Sed. 8th June 1597.