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Payment and Consignation how relevant to be proved.
Home v. Brown
Date: 13 January 1609 Case No. No 131.
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Mr William Home of Gradein being pursued by Brown, the relict of umquhile David Brown, merchant, for payment of the sums contained in two obligations made by him to the said umquhile David, and registered before his decease; he excepted, That he should be assoilzied, because, being after the date of both obligations, the defunct had written in his own count-book, that Mr William Home rested owing to him L.39; Likeas, he offered him to prove, by witnesses, that he had made payment of the hail sums contained in both the obligations, except the said L.39. It was answered, That witnesses could not prove the payment, in respect of the quantity of the debt founded upon. Registered obligations and the account-book might stand with the obligations proceeding upon other furnishings and debts, and could not take away the obligations; notwithstanding, whereof, the Lords found, that the exception might be proved by the count-book and witnesses.
