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Scottish Court of Session Decisions >>
M'Gie v Lord Yester. [1629] Mor 12379 (10 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2912379-173.html Cite as:
[1629] Mor 12379
Depositation being acknowledged, the terms how relevant to be proved.
M'Gie v. Lord Yester
Date: 10 February 1629 Case No. No 173.
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If a writ be subscribed and not delivered to the party, but consigned in the hands of a third party till some cautioner subscribed the same, this writ cannot be thought to be the party's evident till the said condition be performed, and this condition anent the terms of the consignation may be proved by the depositar's oath.
