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Scottish Court of Session Decisions >>
Russell v Adie. [1739] Mor 6772 (31 January 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1606772-204.html Cite as:
[1739] Mor 6772
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Though the form of abiding by is, that it be simply, yet it is never refused to allow the party, by way of protest, to add any quality he pleases, which should be given in in writing; but where there are two defenders, if one abide by simply, the other may abide by qualificate; e. g. that he got the deed from the person who has abidden by. Thus, where a messenger's execution was challenged on falsehood, the messenger abiding by simply, the user was allowed to abide by qualificate, that he got it from the messenger; but one must always abide by simply.
Fol. Dic. v. 3. p. 313. Kilkerran, (Improbation.) No 1. p. 280.
