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Scottish Court of Session Decisions >>
Brodie of Lethem v Douglas of Muldarg. [1672] Mor 15793 (12 December 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor3615793-022.html Cite as:
[1672] Mor 15793
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To prove the tenor of a bond granted for the price of victual, which was alleged to be lost among the pursuer’s other writs when his house was burnt, the following adminicles being produced, 1mo, An instrument of requisition of the victual referring to the bond; 2do, Letters of horning upon the bond; 3tio, A suspension of the charge upon the horning; which the pursuer insisted were per se sufficient adminicles to found a decree of tenor, without necessity of further proof ;—it was objected, That the adminicles libelled might be sufficient to infer a relevancy of the libel, but by no means to be a full proof of the tenor; for this, among many other reasons, that a tenor cannot be proved, unless it be instructed who were the writer and witnesses. The Lords sustained the libel relevant upon these adminicles, but found they were not sufficient instruction of the tenor; and therefore admitted the same to be proved by the witnesses instrumentary, or others.
Fol. Dic. v. 2. p. 447.
*** This case is No. 8. p. 2172. voce Charge To Enter Heir.
