Davidson v Charteris. [1738] Mor 16899 (12 December 1738)

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[1738] Mor 16899

Subject_1 WRIT.
Subject_2 SECT. IV.
Instrumentary Witnesses.

Davidson
v.
Charteris

Date: 12 December 1738
Case No. No. 131.
The objection to an instrumentary witness, that he was under age, sustained; and the objector's oath, upon a reference that he truly subscribed, refused.

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This objection was sustained to annul a contract, that one of the two instrumentary witnesses was a few days short of 14 years of age, when he signed witness.
In this case, a petition for the charger, offering to prove by the suspender's oath, that he had truly subscribed the contract, was refused without answers, January 17, 1739.
Kilkerran, No. 2. p. 604.

The electronic version of the text was provided by the Scottish Council of Law Reporting

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Davidson v Charteris. [1738] Mor 16899 (12 December 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3816899-131.html