Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Earl of March
v.
-

Date: 16 December 1755

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A man subscribed a deed who could not read; and the question was, Whether it was to be presumed that the deed was read over to him, and that he knew what was contained in it; and the Lords found that it was not to be presumed but proved, and that the onus probandi lay upon the user of the deed. The President compared a man that could not read to a blind man; and he said it was undoubted law that there must be a proof of the deed being read over to a blind man, otherwise it will not be accounted his deed.