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Scottish Court of Session Decisions >>
Home v Home. [1680] Mor 14999 (13 July 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3414999-002.html Cite as:
[1680] Mor 14999
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In the count and reckoning betwixt Sir Alexander Home of Renton, and his brother Mr. Patrick, the Lords allowed Mr. Patrick summarily to prove the tenor of a bond of his father's which he had paid and lost, and produced an assignation to himself of it, he proving by the witnesses inserted in the assignation, that they saw the bond in the cedent's and assignee's hands, after Renton's decease, to take off the presumption, that Renton had paid and retired it himself; though those summary tenors are only allowed where writs are lost in processes by advocates' clerks, agents, &c. 2dly, The Lords found Mr. Patrick liable for the rent of some acres that lay waste, though he alleged the custom was to keep them waste for the good of the rest of the lands, unless he proved that custom prout de jure, or gave his oath he had used diligence to let them, by affixing placards at public places, or by intimation to his brother Sir Alexander to provide a tenant.
