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Thomas Young and John Thomson v Donaldson, Gairns, and Guthry. [1694] 4 Brn 183 (5 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040183-0412.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Thomas Young and John Thomson v. Donaldson, Gairns, and Guthry
Date: 5 July 1694
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There was no doubt but the certification in a single reduction was taken off by production of the writ then called for, on paying the expenses; but the difficulty was, By your not producing it then, you defrauded me of this reply, viz. that you was satisfied and paid by your intromission; and which I would have proven by Helen Thomas her oath; and which I now lose by her death. The Lords reponed them, finding the mean of probation was not perished; seeing they might still prove her intromissions either scripto, by her discharges, or even by witnesses, that she possessed and intromitted.
