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Scottish Court of Session Decisions >>
The Executors of Robert Ferguson v Mr Colin Campbell. [1631] Mor 12361 (28 June 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2912361-145.html Cite as:
[1631] Mor 12361
Payment and Consignation how relevant to be proved.
The Executors of Robert Ferguson v. Mr Colin Campbell
Date: 28 June 1631 Case No. No 145.
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The delivery of victual is always sustained to be proved by witnesses, although the party be obliged by bond for the delivery thereof. But payment of sums extending to L. 100 or above, no otherwise but by writ or oath of party.
Fol. Dic. v. 2. p. 224. Spottiswood, (Probation.) p. 240.*** Auchinleck reports this case:
The deliverance of victual may be proved by witnesses, although the pursuer have writ obliging the defender for payment of the victual.
