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Scottish Court of Session Decisions >>
Carnoway v Ewing. [1611] Mor 14988 (17 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor3414988-003.html Cite as:
[1611] Mor 14988
A bond signed by initials cannot be registered in order to summary diligence, but must be made effectual by way of action.
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A bond and discharge neither subscribed by the party, nor by notaries for him, but alleged marked by him with two letters for his name, forth of the country, in presence of witnesses subscribing, because the party could not write, and Scots notaries could not be had there; that obligation should not be registrated by compearance of a procurator upon the mandate contained in the bond, which the clerks should receive; but the same should be registrated by summons and citation of the party. A bond subscribed after that manner will not be sustained, nor give action, unless the user offer to approve the verity thereof by the witnesses inserted.
