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Scottish Court of Session Decisions >>
Couts v Straiton. [1681] Mor 16804 (21 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor3816804-008.html Cite as:
[1681] Mor 16804
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An assignation of a bond of 2000 merks, signed only by initials, being challenged; in a reduction by the alleged granters as false; the Lords found it necessary to be proved, not only that the party had been in use formerly so to subscribe, but also that he did actually subscribe the writ challenged, the first prout de jure, the other by the instrumentary witnesses only; it being of dangerous consequence to carry considerable rights by such subscriptions, which may be easily counterfeited, and can hardly be redargued comparatione literarum; therefore they would, sustain no extrinsic witnesses, though it was reported there was only one of the instrumentary witnesses alive, the assignation being of an old date, and nothing having. followed thereupon.
