Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

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

What Proof relevant to support Defective Writs.

Cunningham-head
v.
Town of Lanark

Date: 26 June 1628
Case No. No 24.

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There was a bond made by the tenants of Eastmonplaire to the Town of Lanark, whereby they obliged themselves to pay 20 bolls of victual to the Town for their thirled multures to Mousemill, which bond had a clause alleged inserted in the margin, binding them to this only during the minority of Cunningham-head their master. It happened that the margin with this clause was cut away, and the bond was put in the register so cutted and mangled. Cunningham-head intented a reduction of this bond, in respect of that clause which was contained before in the margin, wherein diverse witnesses being examined ex officio, both as many as were inserted in the bond, and others. At last it was reduced in toto, notwithstanding that it was much debated, whether or not the tenor of that marginal clause could be proved by witnesses.

Spottiswood, (Probation.) p. 240.