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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Philip v Cheap. [1667] Mor 17019 (26 July 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3817019-295.html
Cite as: [1667] Mor 17019

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[1667] Mor 17019      

Subject_1 WRIT.
Subject_2 SECT. XI.

Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?

Philip
v.
Cheap

Date: 26 July 1667
Case No. No. 295.

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A deed being subscribed by notaries, because the party could not write, was found null, because the notaries' subscription did not bear, that it was by command of the party; nor was it found suppliable by a proof of witnesses that the command was actually given, because even in ordinary cases order or command is not so proveable.

Stair.

*** This case is No. 41. p. 16837.

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/1667/Mor3817019-295.html