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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Seton v Sir John Paterson. [1766] 5 Brn 924 (17 June 1766) URL: http://www.bailii.org/scot/cases/ScotCS/1766/Brn050924-1161.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Mrs Seton
v.
Sir John Paterson
17 June 1766 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords found that a writing having been destroyed by the obligant, it was not necessary that the obligee should insist in a process of proving the tenor of it; but it was sufficient, in a process for payment, to prove what the contents of the writing were, and that it was destroyed; and this might be done by witnesses, without adminicles in writing, such as might be necessary in the case of a proving of the tenor; and this, Lord Auchinleck said, had been several times decided, particularly in a late case, which he mentioned.
The electronic version of the text was provided by the Scottish Council of Law Reporting
