Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

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v.
Dickson

1730. June.
Case No. No. 127.

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A tack signed by the principal parties, but not by the witnesses, being left thus incomplete in the hands of one of the two persons who were inserted as witnesses, he and the other, some days thereafter, put their names to the contract as witnesses, at the instigation of one of the parties. The Lords found the tack null, for the parties having broke up, without perfecting their contract, they were free, and could not afterwards be bound but by a new act of their own, interposing their consent to the subscription of the witnesses. See Appendix.

Fol. Dic. v. 2. p. 542.