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Anent Proof of Payment of a Bond. [1687] 3 Brn 646 (5 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030646-0988.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 5 November 1687
Anent Proof of Payment of a Bond
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The Lords refused to allow, for taking away a double bond conceived in the English form, but made amongst Scotsmen, to prove payment thereof by witnesses, but only scripto vel juramento; though, by the English law, payment may be proven by witnesses, and we had followed their custom quoad such bonds in our former Decisions, as appears by M'Morland's case, the 28th of June 1668, in Stair's Institut. tit. 1.
