Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION VI

Vitiated Writs when presumed Fraudulent, when Innocent. - An impossible condition in a Writ, presumed an error of the Writer.

Lo Forbes
v.
Sinclair

Date: 15 May 1613
Case No. No 212.

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In an action of registration of a contract betwixt the Lo. of Forbes, and William Sinclair of May, the Lords assoilzied, because the contract was blank, in some parts interlined, riven almost through, and battered on the back, chiefly because the Lo. of May being examined by his oath de calumnia, granted, that he had craved the contract blank in the lines, which he had filled up sincesine, and that the same was made upon condition betwixt them, for sustaining of the burden of the Lo. of Drumbaith's debts.

Fol. Dic. v. 2. p. 153. Kerse, MS. p. 45.