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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1638] 1 Brn 103 (21 December 1638) URL: http://www.bailii.org/scot/cases/ScotCS/1638/Brn010103-0194.html Cite as: [1638] 1 Brn 103 |
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[1638] 1 Brn 103
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: -
v.
-
21 December 1638 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit for payment of the sum of 60 pounds contained in this defender's bond, which bore to be all written and subscribed by the defender's own hand; and the defender compearing and alleging the bond to be null, because it wanted witnesses: And the pursuer opponing the bond, bearing the bond to be the defender's own hand-write, as said is;—the Lords repelled the allegeance, in respect the bond bore to be the defender's own writing, all written by himself; which the Lords sustained, without necessity of witnesses, seeing the defender denied not the same to be his hand-write; in which case, if he had denied, the pursuer behoved to approve the same.
Act. ——. Alt. Nicolson, younger. Gibson, Clerk. Page 869.
The electronic version of the text was provided by the Scottish Council of Law Reporting