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Scottish Court of Session Decisions >>
Kirkpatrick v Ferguson. [1704] Mor 17022 (21 November 1704)
URL: http://www.bailii.org/scot/cases/ScotCS/1704/Mor3817022-305.html Cite as:
[1704] Mor 17022
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Kirkpatrick v. Ferguson
Date: 21 November 1704 Case No. No. 305.
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By act 5, Parl. 1681, it is enacted, “That all writs subscribed by any party, wherein the writer and witnesses are not designed, shall be null, and not suppliable by condescending upon the writer, or the designation of the writer and witnesses.” Upon this clause a bond was found null, which wanted the name of the writer, though a most pregnant proof was offered, that a person condescended on wrote the bond, and who was also produced in Court to depone upon the fact.
