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Scottish Court of Session Decisions >>
Rule v Aiton. [1628] Mor 16961 (11 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3816961-204.html Cite as:
[1628] Mor 16961
A debtor's mere subscription to an act found probative, as he did not deny it was his hand writing.
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In an action betwixt Rule and the Laird of Aiton, for payment of £900 contained in a count-book, of debursing, given out by the said James Rule pursuer, for the defender, and confessed to be owing to him by the said defender, and subscribed with his hand; the Lords found the said subscribed count sufficient to produce this action, and to be obligatory against the defender, albeit the same was not subscribed before witnesses, nor had any witnesses inserted therein, as was required by the act of Parliament 1579; and as the defender alleged, it ought to have had, otherwise that it was null; which allegeance was repelled, except the defender had therewith denied the subscription of the said count to be his hand-writ; which not being alleged, the Lords found the count not to be null, albeit it wasted witnesses, neither found it necessary that the pursuer should prove the verity of the subscription, to supply that defect of want of witnesses, except the same had been alleged not to be the defender's hand-writ, seeing the reason of the said act of Parliament requiring witnesses was, that the verity of the writs might be known.
