Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. XII.

Penalty of falsifying Writs.

Andrew Johnston
v.
Johnston of Lockerbie

1688. February.
Case No. No. 345.

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In an improbation of the date of a marginal note wanting witnesses, the Lords found, That the user might prove it by the pursuer's oath, without necessity to abide at it, as in the case of positive falsehood; and that though the pursuer should not by his oath acknowlege the date, the marginal note would only fall, and not the whole writ, upon the brocard falsum in uno falsum in omnibus, which holds only in positive falsehoods, at least in articulis connexis. And here the subscription to the marginal note was not denied, but only it was quarrelled as not of the date of the body of the writ.

Harcarse, No. 575. p. 159.