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Thomas Craighead v Margaret Cunningham. [1694] 4 Brn 137 (2 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040137-0315.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Craighead v. Margaret Cunningham
Date: 2 February 1694
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Halcraig reported Mr Thomas Craighead against Margaret Cunningham. By contract of marriage, she obliged herself to give him double of what she should bestow on any other of her nephews or nieces. And, for proving she had given a nephew 3000 merks, he produced a letter under her hand; and from thence concluded, that she might be decerned to pay him 6000 merks.
Alleged.—The letter was not probative, and was elicited from her by this very pursuer, to trepan her, &c.
The Lords considered, that, among merchants, missives made great faith; but, in regard of the circumstances here, they would not sustain it per se probative; but allowed the pursuer, before answer, to adminiculate it, by proving the verity of the matter of fact averred in the letter, and the defender to prove the manner how it was procured from her, and what she designed by it.
