Scottish Court of Session Decisions

Subject_1 TENOR.

Campbell of Otter
v.
M'Allister of Loup

1747, June 11, 24.
Case No. No. 5.

Click here to view a pdf copy of this documet : PDF Copy

There was a long argument whether a tenor of an old assignation in 1664, whereupon diligences by horning, arrestment, and apprising, and sundry payments, had followed, whether I say it was necessary to prove a casus amissionis, or writer's name and witnesses? Arniston argued long for both, and that the documents and adminicles produced were indeed a proof of the existence of the deed once, but not of the tenor, and insisted that in all cases the writer's name and witnesses ought to be proved. Tinwald and I, and even the President, seemed to differ as to the general point; but we pretty unanimously found in this case the tenor as libelled not proven, because the tenor as libelled was really contrary to all the adminicles; and by some other particulars that were alleged, there was reason to suspect that the pursuer had, if not the assignation, at least some writs relative to it, which he did not produce.