Scottish Court of Session Decisions

This was an unopposed action of proving the tenor of a charter dated in 1605. The only casus amissionis averred was, that in the course of the long time that has elapsed since its date, the deed had been lost in passing through the hands of the successive proprietors and their agents, or had gone amissing casu fortuito. The Court holding this averment insufficient, allowed the case to stand over that the summons might be amended.

Thursday, Nov. 30.

In this action the court to-day sustained an amendment of the libel to the effect that neither the pursuer nor his agents had ever seen the deed, the tenor of which was sought to be proved, and so far as they could learn, no person now alive had ever seen it; that it must have gone amissing at a period beyond memory; and that the pursuer was consequently unable to specify either the time or the manner of its disappearance. The pursuer was thereupon allowed a proof of the casus amissionis and adminicles alleged.