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Robert Straiton v Alison Robertson. [1710] Mor 8344 (19 January 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor2008344-022.html Cite as:
[1710] Mor 8344
Can Executions be Amended after being produced in Process? - Executions of Legal Diligence after Registration.
Robert Straiton v. Alison Robertson
Date: 19 January 1710 Case No. No 22.
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In a competition betwixt Robert Straiton and Alison Robertson, for an acre of temple-lands in Swanston, she, January 18th 1704, having produced and founded preference on a disposition granted to her by Barbara Reid, signed by two notaries for the granter, who could not write, and subscribed by three witnesses only, albeit four were inserted; the Lords found, that the said disposition, though now subscribed be the fourth witness, is null; for that the writ being once judicially produced with such a defect, that could not ex intervallo, so long after subscribing by the notaries, be supplied.
