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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Melvill v Murray. [1610] Mor 12271 (23 November 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2912271-018.html
Cite as: [1610] Mor 12271

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[1610] Mor 12271      
Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. II.

What Proof relevant to support Defective Writs.

Melvill
 v.
Murray

Date: 23 November 1610
Case No. No 18.

Click here to view a pdf copy of this documet : PDF Copy

A Man pursuing the maker of a bond to him, to deliver the bond as his evident, because it being subscribed and delivered to him, he gave it back again to the maker to get it subscribed by cautioners, and offering to prove the summons by four Lords of the Session, being testes omni exceptione majores;—the Lords inclined to admit that probation, albeit the defender contended, that no probation could be received, but writ or oath of party.

 Fol. Dic. v. 2. p. 216. Haddington, MS. No 2007.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2912271-018.html