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URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor2912280-032.html
Cite as: [1667] Mor 12280

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[1667] Mor 12280      
Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. II.

What Proof relevant to support Defective Writs.

Hamilton
 v.
Syminton

Date: 16 July 1667
Case No. No 32.

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A Bond was found null, which being written on two sides, on that side where the subscriptions were, there was nothing but the clause of registration, the other side was entirely filled up with another hand, without any subscription, so that it appeared to have been the last sheet of a writ taken of and filled up upon the back by the pursuer; but being before the act of Parliament 1681, the Lords declared, that if the pursuer could adduce writs or adminicles, or witnesses, to astruct the verity of the bond, they would hear him upon the same.

 Fol. Dic. v. 2. p. 215. Stair.

*** This case is No 2. p. 382. voce Aliment.

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/1667/Mor2912280-032.html