BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
Witnesses and writer of a disposition, in a reduction on the head of circumvention, examined whether or not the deed was fraudulently and falsely read.
Click here to view a pdf copy of this documet : PDF Copy
George Allan pursues reduction of a disposition granted by him to Fairie, upon the reason of circumvention, in so far as the disposition, though it was conceived absolute, yet it was expressly communed that it should contain a reversion, and was read as containing a reversion at the subscribing thereof, which was offered to be proved by the writer and witnesses inserted. The defender answered, That the reason was only probable scripto vel juramento, and so solemn a writ could not be taken away by witnesses. The pursuer answered, That the writer and witnesses inserted were most competent to prove a point in facto, viz. the fraudulent reading of that which was not contained; and there is here also produced an antecedent adminicle in writ, to grant a right redeemable.
The Lords, before answer, ordained the writer and witnesses inserted to be examined anent the terms of the treaty, and whether the disposition was read at the subscribing as an absolute or redeemable disposition.
