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Scottish Court of Session Decisions


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.

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

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.

Harcarse, No. 207. p. 47.

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/1686/Mor3817021-302.html