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URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2912410-230.html
Cite as: [1678] Mor 12410

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[1678] Mor 12410      
Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. XII.

Verbal Contracts.

Lord Pitsligo
 v.
Paton

Date: 17 July 1678
Case No. No 230.

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The Lords, after two terms for proving the libel, admitted this poor man to a defence, and found this defence relevant, that not so much as a tack for a year could be proved by witnesses, because it was a promise; and where the contrary is found, it is only in this sense, that the duty of a year's tack may be proved by witnesses, when the tacksman enters to possession.

 Fol. Dic. v. 2. p. 231. Fountainhall, MS.

*** A similar decision was pronounced, 26th November 1628, Bruce against Bruce, No 7. p. 3610, voce Ejection.

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/1678/Mor2912410-230.html