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[1666] 1 Brn 521      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

William Fountain
v.
William Maxwell

Date: 1 February 1666

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In an exhibition of writs, pursued by William Fountain against William Maxwell of Nethergate;—it being controverted, whether the having of writs were probable by writ, oath of party, or by witnesses; and especially that member of the libel, of fraudfully putting away, how the same was probable;—

The Lords thought it a most perplexed business: and found, That, before citation, the having of writs was probable by witnesses; but that fraudfully putting them away, was not probable that way.

Page 54.

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/1666/Brn010521-1362.html