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Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2711657-323.html
Cite as: [1665] Mor 11657

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[1665] Mor 11657      
Subject_1 PRESUMPTION.
Subject_2 DIVISION XVI.

Other Presumptions.

Patrick Milne
 v.
Alexander Murray

Date: 15 February 1665
Case No. No 323.

One, of the name in a deed, not presumed to be the subscriber, unless designed.

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Alexander Murray having subscribed a bond at Lubbin, in sole obligation to pay the sum of 155 polls Florence, at the Feast of St Simon, under pain of doubling the sum, Patrick Milne pursues for payment of the debt. The Lords found, in regard of the designation of Alexander Murray being general, and that there are more persons of that name, The pursuer behoved to prove this Alexander Murray, defender, to be the subscriber of the bond; which he always denied.

 Newbyth, MS. p. 26.

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/1665/Mor2711657-323.html