Scottish Court of Session Decisions

Subject_1 TENOR.

MrDavid Ogilvy
v.
Napier

Date: 22 January 1612
Case No. No. 8.

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In an action for proving tenor pursued by Mr. David Ogilvy against William Napier, the Lords found no necessity to libel an adminicle in writ.

Kerse MS. p. 187. *** This case is reported by Haddington:

In probation of a tenor, casus amissionis is not necessarily and precisely to be proved. Neither do all deeds necessarily require adminicles in writ, because acquittances and writs of that nature hardly admit adminicles.

The pursuer may protest for exhibition of a writ to prove a summons, exception, and reply: Albeit it should not be by way of incident, he may call for it via actionis, and his action will be sustained.

Fol. Dic. v. 2. p. 443. Haddington MS. No. 2362.