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Scottish Court of Session Decisions >>
Lockhart v Lockhart. [1680] Mor 17020 (17 December 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor3817020-299.html Cite as:
[1680] Mor 17020
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Lockhart v. Lockhart
Date: 17 December 1680 Case No. No. 299.
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Lockhart of Cleghorn pursues his brother for payment of an account. The defender alleged that the account wanting witnesses, it was null, and not probative, the defender being a soldier, and no merchant, and did deny the subscription to be his; which account did consist of small particulars, but amounting in the whole to £150.
The Lords inclined not to allow this account as probative, unless it were adminiculated, but ordained the defender to give his oath of calumny, whether or not the subscription was his hand-writing.
