Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Wishart
v.
Lady Camnethar

Date: 13 February 1671

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In the case of Wishart against Lady Camnethar, daughter to Mr. William Arthur, they found, an infeftment of annualrent might be extinguished by offering to prove, (and that by witnesses, even the tenants themselves,) that the annualrenter had intromitted with as many mails and duties of the lands, though lands within the burgh, as will satisfy both the principal and annual.

This seems a very dangerous preparative to lay so great a stress upon the depositions of witnesses; and is contrary to our fundamental laws and practice that has been at much pains to avoid that inconvenience, and therefore allows nothing above L.100 to be proven by witnesses.

Advocates' MS. No. 127, folio 89.