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Low v Beatson. [1738] Mor 17032 (25 January 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3817032-320.html Cite as:
[1738] Mor 17032
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Low v. Beatson
Date: 25 January 1738 Case No. No. 320.
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It was objected as a nullity to a bond of thirlage, That though subscribed by two notaries and four witnesses, one of the witnesses is not designed, or so much as inserted in the body of the writ; the Lords found the bond null upon the act 80, Parl. 1579, and that the defect was not suppliable by condescending on the designation of the witness, though the certification of this act is not more express than of the act 1593, being almost in the same words.
Fol. Dic. v. 2. p. 550.
*** See Kilkerran's report of this case, No. 130. p. 16899.
