Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. IV.

Decrees, Acts of Court, &c.

Falconer
v.
Kenneir

1684. November.
Case No. No 419.

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In the reduction of a decreet of declarator of extinction of an apprising, upon this ground, That some of the witnesses adduced in the probation were not purged, others had not closed their depositions with the assertive clause, “that it was true,” and some had not signed, nor sworn that they could not write; so that in effect the witnesses were injurati, though the commission bore they were solemnly sworn, which is but the judge's assertion;

The Lords, in respect the decreet was in foro, and extracted several years ago, would not review the probation.

Fol. Dic. v. 2. p. 249. Harcarse, (Decreets.) No 405. p. 109.

*** Fountainhall's report of this case is No 46. p. 1766. voce Bona fide Consumption.