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Scottish Court of Session Decisions >>
Tenant v L. Traquair. [1606] Mor 12355 (8 February 1606)
URL: http://www.bailii.org/scot/cases/ScotCS/1606/Mor2912355-130.html Cite as:
[1606] Mor 12355
Payment and Consignation how relevant to be proved.
Tenant v. L Traquair.
Date: 8 February 1606 Case No. No 130.
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Mr Joseph Tenant, Minister at Bardrowell, pursued the Lord of Traquair for payment to him of his stipend for two years, extending to 300 merks yearly. It was alleged, That he had received a certain quantity of victual, contained in a ticket, given with the exception, in complete payment of the foresaid hail stipend. The exception was found relevant, of consent of party, and contradicted anent the manner of probation. But the Lords found, it behoved to be proved by writ or oath of party; because, in effect, it was probation of the payment of 300 merks, which could not be proved by witnesses.
