Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. II.

What Proof relevant to support Defective Writs.

Arrot
v.
Gairden

1730. February.
Case No. No 41.

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In a reduction upon the head of death-bed, a disposition was challenged as vitiated in date and place, and it was argued, That in a case of this nature, the date being inter substantialia, the presumption juris et de jure is, that the vitiation was done in order to avoid the challenge of death-bed. The defender offered to astruct the verity of the date by the instrumentary witnesses, which the Lords sustained. In this case, the vitiation was of that nature, as scarce to admit of a suspicion of antedating. See Appendix.

Fol. Dic. v. 2. p. 214.