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Scottish Court of Session Decisions >>
Ker v Lawrie. [1630] Mor 15169 (19 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3515169-013.html Cite as:
[1630] Mor 15169
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Walter Ker takes a verbal tack from Andrew Lawrie in Stirling, of seven acres of land for the space of seven years, and promised to receive from the said Andrew a subscribed tack in writ thereupon. After he had bruiked the land one or two years, he renounces his tack. Andrew Lawrie pursues him before the Bailies of Stirling to perfect his promise anent the subscribing of the tack, and summoned him to give his oath de calumnia. He is holden pro confesso, and the promise is proved by witnesses, and Walter decerned to perfect the tack. He intents reduction of this decreet, as unjustly given by probation of witnesses, seeing no more than a year’s tack could be proved by witnesses, but that the promise of more years ought to be proved scripto vel juramrento partis. The Lords ordained Walter to give his oath anent his promise.
