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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Norris v Heirs of Sir John Wood. [1743] Mor 12617 (5 January 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor2912617-509.html
Cite as: [1743] Mor 12617

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[1743] Mor 12617      

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. IV.

Deed without witnesses, how far probative.

Norris
v.
Heirs of Sir John Wood

Date: 5 January 1743
Case No. No 509.

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

Robert Norris pursued the Heir of Sir John Wood for payment of three promissory notes, not holograph, but signed in Ireland, which is there held sufficient. Alleged, That they were not probative of their dates; and therefore could not affect the heir, as being presumed on deathbed. Answered, That the lex loci contractus must be considered; and in England or Ireland such promissory notes would be considered as equivalent to bills of exchange. The Lords found the notes not probative of their dates against the heir, and that they could not affect the heritage.

Fol. Dic. v. 4. p. 168. C. Home.

*** This case is No 27. p. 4466. voce Foreign.

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/1743/Mor2912617-509.html