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Scottish Court of Session Decisions >>
Rankin v Williamson, &C. [1633] Mor 16881 (14 February 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor3816881-103.html Cite as:
[1633] Mor 16881
Found that four co-obligants could not be witnesses to the subscriptions of each other.
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The defenders being pursued to pay the sum confessed by their subscribed ticket to be owing, and they alleging that the ticket was null, as wanting witnesses; it being replied, That he referred the verity of the subscription, that it was their hand-writ, and that it was their proper subscription, to their oaths, so they needed no witnesses; the other duplying, that that was not enough, unless he referred also to their oaths, the verity of the debt to be resting owing unpaid; the Lords found, that the said ticket, wanting witnesses, ought not to be sustained, by referring to the defenders' oaths, that the subscription thereof was their proper hand-writ; except that they also referred therewith the verity of the debt resting owing, if it be yet owing unpaid; which was the rather done, because the debt acclaimed was sought by this ticket, whereupon the pursuit was founded, being of the date in anno 1608, now by the space of 25 years since, and no claim therefore while now. It was replied, That seeing the writ was subscribed by four persons, whereof each one of the four was addebted in his own several sum, their subscriptions being all at one time, might supply want of witnesses; for each one of them might be witnesses to the other, which was repelled.
