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Porteous v Lo. Herries. [1632] Mor 12361 (11 December 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor2912361-146.html Cite as:
[1632] Mor 12361
Payment and Consignation how relevant to be proved.
Porteous v. Lo Herries.
Date: 11 December 1632 Case No. No 146.
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The Lo. Herries being pursued for 500 merks addebted by his father, conform to his bond, as heir to him, Who offering to prove that the pursuer had received yearly as much victual as in price would extend to this sum, which he offered to prove by witnesses; the Lords found it not probable by witnesses, but only by writ or oath of party, to take away a debt constituted by bond in writ.
Act. —.Alt. Nicolon.Clerk, Gibson.
Fol. Dic. v. 2. p. 225. Durie, p. 657.
