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[1670] 2 Brn 475      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Stewart
v.
Stewart

Date: 25 June 1670

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One being charged upon a bond, he suspends, that the same is null, being only subscribed by the two initial letters of his name. It was replied,—He offers him to prove he was in use so to subscribe at other times.

This reply was found relevant. Neither was it respected that the sum in the bond was 2000 merks, and so a matter of importance; for my Lord Stair called to mind where the Lords in præsentia had sustained a bond for L.500 Sterling, where the party subscribed only by a mark like to a craw-tae, because of the reply of use, though he was averse from it himself.

Act. Lermont. Alt. Yeoman. Advocates' MS. No. 38, folio 77.

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/1670/Brn020475-0791.html