Scottish Court of Session Decisions

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

Mrs Seton
v.
Sir John Paterson

Date: 17 June 1766

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In this case the Lords found that a writing having been destroyed by the obligant, it was not necessary that the obligee should insist in a process of proving the tenor of it; but it was sufficient, in a process for payment, to prove what the contents of the writing were, and that it was destroyed; and this might be done by witnesses, without adminicles in writing, such as might be necessary in the case of a proving of the tenor; and this, Lord Auchinleck said, had been several times decided, particularly in a late case, which he mentioned.