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Being queried, If a curator, after expiration of his office, might be witness where it tended to his exoneration, since he never intromitted, and was alike sib to both; the Lords resolved he might.
In another query, If a tutor could be admitted to prove the passive titles against the Lord Rollo, whose pupil had the like action on the passive titles; the Lords determined negative, except in penuria testium, and then to be received cum nota.