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Mr John Bayne v Caivie. [1673] Mor 11540 (26 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor2711540-216.html Cite as:
[1673] Mor 11540
Vitiated Writs when presumed Fraudulent, when Innocent. - An impossible condition in a Writ, presumed an error of the Writer.
Mr John Bayne v. Caivie
Date: 26 July 1673 Case No. No 216.
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The Lords found, that a tack being questioned as antedated to obviate an inhibition, was suspect, being rased in the date; so that the same seemed to be vitiated, and another year superinduced; and therefore was not a valid and probative writ in prejudice of the inhibition; unless it could be adminiculated by some adminicle before the inhibition.
Clerk, Hay.
Fol. Dic. v. 2. p. 153. Dirleton, No 179. p. 71.
