Scottish Court of Session Decisions

Subject_1 IMPROBATION.
Subject_2 SECT. IX.

Abiding by.

A
v.
B

Date: 3 July 1675
Case No. No 181.

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A discharge, alleged granted by a minister to one of the heritors of the parish of a part of his stipend, was quarrelled as false, and did appear to be vitiated, in a process at the instance of the minister for his stipend; and the user of the same being urged to abide by it, did offer to abide by it with a quality, viz. that the payment not being made by the heritor himself, (but by his tenant who took the said discharge in the heritor's name) he did abide by the same as a writ truly delivered by the tenant.

The Lords did not sustain the said quality, unless the heritor would produce the tenant, and abide by the same as being truly subscribed and not vitiated, which the tenant did.

Fol. Dic. v. 1. p. 455. Dirleton, No 291. p. 142.