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Cite as: [1684] Mor 15003

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[1684] Mor 15003      
Subject_1 SUNDAY.

Duncan
 v.
Bruce

 1684. March.
Case No. No. 6.

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In a pursuit upon a bond, it was alleged for the defender, and offered to be proved by the pursuer's oath, That the bond was truly subscribed on the Sabbath day, though it bore the date of the day after, and consequently null; which allegeance the Lords repelled.

Thereafter it was alleged, That the bond was falsum in data, consulto, and not by mistake.

Answered: That error in data is only considered when creditors are competing on diligences, and it is jus tertii to the debtor to object it.

This point was not decided.

 Fol. Dic. v. 2. p. 405. Harcarse, No. 194. p. 43.

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/1684/Mor3415003-006.html