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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hermisheils v The Laird of Dalziel. [1687] 2 Brn 101 (00 January 1687) URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn020101-0264.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Hermisheils
v.
The Laird of Dalziel
1687 .January .Click here to view a pdf copy of this documet : PDF Copy
Found that a writ, whereof the margin was only signed by the principal debtor, and not by the cautioner, could not be quarrelled, as defective upon that head, by the cautioner. And though the margin have no witnesses, yet the subscription thereof may be proven by the pursuer's oath, even in an improbation. Vide No. 575, [Andrew Johnstoun against Johnstoun of Lockerbie, February 1688.]
Page 253, No. 895.
The electronic version of the text was provided by the Scottish Council of Law Reporting