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Subject_1 WITNESS.
M'Ilhose
v.
Reid
1744 ,Feb. 24 ,28 .
Case No.No. 21.
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A concert among creditors of a bankrupt with him to come in pari passu, and to discharge him; the concert as to the pari passu preference was admitted, but the question was, Whether the other part was proveable by witnesses? 2dly, There were but three witnesses, and two of them carried on this process and paid the expense. Arniston and I both doubted the competency of a proof by witnesses, and likewise of the hability of these two witnesses. We altered the interlocutor. We did not determine either of these points, but found no sufficient evidence of that part of the concert. But upon a reclaiming bill it was carried by President's casting vote the 28th February to grant diligence against two new witnesses to prove this.
The electronic version of the text was provided by the Scottish Council of Law Reporting