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URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor2912281-034.html
Cite as: [1671] Mor 12281

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[1671] Mor 12281      
Subject_1 PROOF.
Subject_2 DIVISION I.

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

What Proof relevant to support Defective Writs.

Pittillo
 v.
Forester

Date: 22 November 1671
Case No. No 34.

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A Bond being vitiated in substantialibus, and this consequently presumed dolose done, the Lords found it not relevant to be proved by the instrumentary witnesses that the writ was vitiated at subscribing; for though the tenor of a bond may be proved by witnesses, this is ex necessitate, which obtains not in the present case; for, in executing writings, it is easy to avoid vitiations.

 Fol. Dic. v. 2. p. 213. Stair.

*** This case is No 217. p. 11536, voce Presumption.

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/1671/Mor2912281-034.html