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Scottish Court of Session Decisions >>
Alexander Jack v Colonel Borthwick. [1670] Mor 16673 (2 February 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Mor3816673-071.html
Witnesses examined ex officio relative to a blank writ.
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Alexander Jack alleging that he subscribed a blank to have been filled up in a bond of cautionry, in a suspension, which was found among the writs of umquhile George Jack, as a blank paper, who lived several years thereafter; and after his decease, his relict finding the same, caused fill up in the blank, a bond of £10,000, as being borrowed from Thomas Boyd of Pinkill, and is now in the person of Colonel Borthwick; who having charged thereupon, the said Alexander Jack suspended, and raised reduction on this reason, that he had never any medling, or borrowing with the said Thomas Boyd; but that the said bond was a blank paper, found among the writs of the said deceased George Jack, and neither he nor the said Alexander were ever worth so great a sum; and now seeing Colonel Borthwick did not insist in his charges, Jack was necessitated to proceed to take away the bond, and craved that the Lords would examine witnesses, ex officio, upon the truth of this reason.
The Lords ordained the writer, and the witnesses to be first examined, ex officio, and thereafter other witnesses, as the Lords should see cause.
