Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. IV.

Payment and Consignation how relevant to be proved.

Lowrie
v.
Hay

Date: 9 March 1610
Case No. No 133.

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In a pursuit for 500 merks, in a registered bond transferred, an exception of payment of eight score of pounds, by delivery of a ton of wine of that price, found relevant to be proved by famous witnesses named in judgment, the payment being made before the term of payment of the obligation, and it being done before the act, that witnesses should not prove above an hundred pounds.

A contract of marriage being generally discharged by an ample acquittance, because the tocher conditioned well paid, or employed upon land, as was conditioned, there was action thereafter sustained upon the said contract, to compel the executors of the party discharged to pay, which being bestowed upon land, was uplifted after the discharge.

Fol. Dic. 2. p. 225. Haddington MS. No 1857.