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[1679] Mor 6761      

Subject_1 IMPROBATION.
Subject_2 SECT. IX.

Abiding by.

Grant
v.
Grant

Date: 3 January 1679
Case No. No 185.

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One offers to bide at a writ with this quality, that he found it among his father's papers, the Lords pro hac vice allowed this by proving the said quality, in which, if he had failed, they would punish him as a forger, at least accessory. But in regard of the difficulty of the probation, they declared they would consider that at the advising. The Lords repelled these two reasons, that there were four witnesses inserted, and only three subscribing; 2do, That the two notaries’ subscriptions were with different inks, since each of them might use their own ink. The Lords ordained Mr Hay of Logie's relict to bide simply by a discharge, No 179. p. 6756.

Fol. Dic. v. 1. p. 455. Fountainhall, MS.

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/1679/Mor1606761-185.html