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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alice Miller v Bothwell of Glencorse. [1671] Mor 12319 (22 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor2912319-087.html

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[1671] Mor 12319      

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. III.

What Proof relevant to take away Writ.

Alice Miller
v.
Bothwell of Glencorse

Date: 22 July 1671
Case No. No 87.

Click here to view a pdf copy of this documet : PDF Copy

Alice Miller pursues improbation of a minute of a tack betwixt her and Glencorse, who compeared and abode by the verity of the tack; and the writer and witnesses of the tack being examined upon oath, did depone, that they did not see Alice Miller subscribe; and one of them deponing, that he had subscribed at Glencorse's instigation, who told him, that he had caused set to Alice Miller's name, only one witness who was writer, and was Glencorse's brother, deponed, that he saw the said Alice Miller subscribe with her own hand.

The Lords having this day advised the cause, found that the witnesses did not abide by the verity of the subscription of the said Alice Miller, and did therefore improve the minute; but found it not proved who was the forger of the said Alice Miller's subscription.

Stair, v. 1. p. 765.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor2912319-087.html