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Scottish Court of Session Decisions >>
Waddel v Waddel and Her Husband. [1707] Mor 15818 (21 November 1707)
URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor3615818-050.html Cite as:
[1707] Mor 15818
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In the proving the tenor of a contract of marriage, which was raised only incidenter, to satisfy the production in an improbation of an apprising, whereof that contract was the ground, the adminicles produced being a decreet in fore, mentioning the production of the extract of the contract, with the apprising, charter, and sasine thereon; and the pursuer having adduced witnesses, who saw and read the said contract, and proved also, That the relict, by that apprising, possessed the lands for many years;—the Lords thought, that there was a difference betwixt the making up of a writ to be the ground of a future action, and a tenor craved, only to shun certification on a presumptive falsehood; and therefore found, That there being no presumptions of real falsehood against this contract, and the adminicles being so pregnant, though neither all the clauses, nor date, were fully proved, yet that there was sufficiency to exclude the certification, and so assoilzied from the reduction.
