Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

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

Judicial Acts. - Legal Acts.

Hay
v.
Lord Ballegerno

Date: 19 November 1680
Case No. No 12.

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Execution of an inhibition, bearing to be at the dwelling-house, and not mentioning six knocks, but only several knocks, was not allowed, after registration, to be supplied by a proof that six knocks were actually given; for if one defect may be supplied by witnesses, every defect may be so supplied, and so it would come out, that solemn instruments are not requisite for vouching actus legitimi, but that the same may be proved prout de jure, like any ordinary fact.

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

*** This case is No 146. p. 3790., voce Execution; and No 28. p. 6960. voce Inhibition.