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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Provost Johnston. [1687] Mor 12388 (7 December 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2912388-194.html

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[1687] Mor 12388      
Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. IX.

Naked Promise.

-
v.
Provost Johnston

Date: 7 December 1687
Case No. No 194.

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The Lords found it probable by witnesses, that a person in prison was set at liberty at the defender's desire, and upon his promise to re-produce the other in prison at a certain day; though it was contended, That a promise is only probable seripto or juramento, except where it is accessory to a bargain probable by witnesses.

 Fol. Dic. v. 2. p. 228. Harcarse, (Probation.) No 804. p. 225.

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/1687/Mor2912388-194.html