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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Gill v Hutchison. [1630] Mor 12605 (22 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2912605-492.html
Cite as: [1630] Mor 12605

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[1630] Mor 12605      
Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. IV.

Deed without witnesses, how far probative.

M'Gill
 v.
Hutchison

Date: 22 January 1630
Case No. No 492.

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An assignee to a bond having wrote to the debtor for payment, the debtor's holograph missive, without witnesses, which in law is equivalent to an intimation, was found probative of its date, so as to prefer the assignee to another creditor, who arrested the sum after the date mentioned in the letter.

 Fol. Dic. v. 2. p. 258. Durie.

*** This case is No 64. p. 860. voce Assignation.

*** A similar case is reported by Fountainhall, 22d July 1708, Gray against Earl of Selkirk, No 19. p. 4453, voce Foreign.

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/1630/Mor2912605-492.html