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Scottish Court of Session Decisions >>
Rankin v Williamson. [1633] Mor 17017 (14 February 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor3817017-288.html
Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Rankin v. Williamson
Date: 14 February 1633 Case No. No. 288.
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A ticket neither holograph nor having witnesses, cannot be sustained by referring to the defender's oath that the subscription is his hand-writing, because the obligation being null is not suppliable by any sort of proof, and therefore the verity of the debt must be simpliciter, referred to the defender's oath, and that it is still resting owing; which was, in this case the rather found, that the obligation was 25 years old and the money never demanded before.
