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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Gordon of Camdell, v Angus Macpherson. [1686] Mor 17021 (00 January 1686) URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor3817021-302.html Cite as: [1686] Mor 17021 |
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[1686] Mor 17021
Subject_1 WRIT.
Subject_2 SECT. XI. Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Alexander Gordon of Camdell,
v.
Angus Macpherson
1686 .January .
Case No.No. 302.
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One having alleged that a bond, on which he was pursued, was null, as wanting witnesses, and not holograph; the pursuer offered to prove, by the defender's oath, that he subscribed the bond.
Answered: Non relevat, unless the pursuer could say, That the defender promised payment, or that the sum is resting owing.
The Lords sustained the answer.
The electronic version of the text was provided by the Scottish Council of Law Reporting