Scottish Court of Session Decisions

Subject_1 TENOR.

Lord Elpinston
v.
Lord Salton, &c

1611. February.
Case No. No. 7.

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In an action of proving the tenor of certain assignations pursued by Alexande Lord Elphinston against Lord Salton and others, it was found that the pursuer, in the probation of the tenor, might not have condescended upon the names of the witnesses who were present at the time of the subscribing of the same, and also upon the name of the writer, because they were dated after the act of Parliament 1593; and it was found, that the want of the writer and witnesses could not be supplied by the parties oaths, who were makers of the assignation, and who were on life, in respect the allegeance was proponed by Lord Salton, who was a third party, and had interest to propone the same.

Kerse MS. p. 187.