BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | ||
Scottish Court of Session Decisions |
||
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> E. Rothes' Donatar v L. Grant. [1626] Mor 12273 (13 December 1626) URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor2912273-022.html Cite as: [1626] Mor 12273 |
[New search] [Printable PDF version] [Help]
[1626] Mor 12273
Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. II. What Proof relevant to support Defective Writs.
Date: E Rothes' Donatar
v.
L Grant.
13 December 1626
Case No.No 22.
Click here to view a pdf copy of this documet : PDF Copy
In a declarator of non-entry, pursued by the E. of Rothes as donatar against L. Grant, an exception being admitted, bearing, that the Earl of Rothes had subscribed a precept of clare constat in favour of the defender, which was delivered to the defender, and so thereby become his evident; the defender thereafter delivered it to the pursuer, to the effect he might append the Earl's seal thereto, which was in the pursuer's keeping; which exception the Lords found could not be proved by witnesses, but only by the Earl of Rothes's oath, or else writ, seeing it tended to make up an evident, and which could not be lawfully done by witnesses; albeit the defender alleged. That this might as well be proved by witnesses, as the having of evidents in actions for delivery of writs, or as in actions of proving of tenors, which are proved by witnesses; which the Lords found not alike, seeing this, as said is, tended to make up an evident, which is not the intent of actions of delivery of writs, where the having is only to be proved; and in actions to prove tenors, there are ever relevant adminicles required, besides the witnesses, and a relevant cause of omission, besides the verity of the deed, and a specific tenor of the writ.
Act. Aiton. Alt. Belshes. Clerk, Gibson.
The electronic version of the text was provided by the Scottish Council of Law Reporting