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William Johnston v Robert Johnston, his Brother. [1698] 4 Brn 418 (00 November 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Brn040418-0833.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Johnston v. Robert Johnston, his Brother
1698.
November.
3.
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William Johnston, in Haddington, having pursued his brother Robert for reduction and improbation of a disposition made by their father to the said Robert of his whole estate and moveables; and the instrumentary witnesses being examined, two of them acknowledged their subscriptions, but confessed they did not hear the defunct disponer give warrant to the notaries to subscribe for him; and the third denied it was his hand-write, or that he was at Pople-tnill (where it bears to be signed,) at that time.
The Lords, at advising, were clear to find the writ null, and not probative; but stuck as to the falsehood, seeing two of them acknowledged they signed as witnesses in presence of the disponer, and only the third denied his subscription; and, before answer to the falsehood, or remitting them to the criminal court, ordained all the parties on life to be cited, at the King's Advocate's instance, to be reexamined for expiscating the falsehood, if any be; for the Lords observed, where the parties got the writs reduced, they thought themselves no further concerned to insist any more, and declined, the expense of prosecuting the criminal part.
