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Cite as: [1676] Mor 15798

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[1676] Mor 15798      
Subject_1 TENOR.

Johnston
 v.
Orchardtoun

 Date: 24 February 1676
Case No. No. 27.

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In a pursuit upon a bond of corroboration, it was alleged, That the principal bond ought to be produced; which was repelled, in respect the maxim, non creditur referenti nisi constet de relato, holds only in the case where there is only a naked relation to a writ, and not when the writ that relates thereto doth proceed to an obligation thereupon; and it is not only relative but dispositive.

 Reporter, Glendoick. Clerk, Robert Hamilton. Dirleton, No. 347. p. 165.

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/1676/Mor3615798-027.html