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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3012702-593.html
Cite as: [1628] Mor 12702

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[1628] Mor 12702      
Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. VII.

Payment and Extinction.

A
 v.
B

Date: 20 February 1628
Case No. No 593.

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There being some witnesses produced at the bar by a man's creditor for proving of a debt, there compeared another creditor of the defender's against whom the witnesses were led, and alleged the witnesses should not be received, because he offered to prove that the debt was paid. The Lords, in respect of the state of the process, would not admit the allegeance to hinder the examination of the witnesses, unless the proponer of it did verify it instanter.

 Spottiswood, (Probation by Witnesses.) p. 245.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3012702-593.html