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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Baillie v Lockhart. [1710] Mor 16891 (1 February 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor3816891-120.html
Cite as: [1710] Mor 16891

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[1710] Mor 16891      
Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

Baillie
 v.
Lockhart

Date: 1 February 1710
Case No. No. 120.

Click here to view a pdf copy of this documet : PDF Copy

It being objected by one of the parties in a minute of sale, That the writ was null, because one of the two instrumental witnesses was infamous, infamia juris; in so far as there was a decree of improbation of a bond obtained against him some years before, finding him accessory to the forgery, and ordaining it to be cancelled; the Lords repelled the objection, and found it no nullity, the witness being chosen by mutual consent.

 Fountainhall.

This case is no No. 37. p. 8433. voce Locus Pænitentiæ.

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/1710/Mor3816891-120.html