A witness within the forbidden degrees to both parties.
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On the verbal report of Lord Elchies, the Lords sustained the objection to a witness, That he was related, within the forbidden degrees, to the adducer; notwithstanding of the answer, That he was the like relation to the other party.
There are a variety of ancient practiques to the same purpose taken notice of in the Dictionary of Decisions. But as there does not appear to have been any practique upon it recorded for more than a century past, it was now again questioned; in so much that the Ordinary had at first repelled the objection, as he informed the Court; but afterwards, on account of the ancient practice, stated it to the Court.
