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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Caldwell v Caldwell, [1678] Mor 16678 (18 July 1678) URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3816678-081.html |
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Subject_1 WITNESS.
Caldwell
v.
Caldwell,
Date: A
v.
Rollo
18 July 1678
Case No.No. 81.
Click here to view a pdf copy of this documet : PDF Copy
Being queried, If a curator, after expiration of his office, might be witness where it tended to his exoneration, since he never intromitted, and was alike sib to both; the Lords resolved he might.
In another query, If a tutor could be admitted to prove the passive titles against the Lord Rollo, whose pupil had the like action on the passive titles; the Lords determined negative, except in penuria testium, and then to be received cum nota.
The electronic version of the text was provided by the Scottish Council of Law Reporting