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Scottish Court of Session Decisions >>
Hume v Hume. [1634] Mor 16881 (3 July 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor3816881-104.html Cite as:
[1634] Mor 16881
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One Hume, brother to Polwart, being charged to pay a sum contained in his bond subscribed with his hand, who suspending and alleging, the bond to be null, because there were no witnesses inserted in the body of the bond; and albeit the same was subscribed by two witnesses, yet seeing their names were not inserted in the bond, nor no other, witnesses names, therefore the same ought not to make faith, in respect of the act of Parliament 1579, which requires that the witnesses be inserted in the bond; the Lords repelled this reason, and sustained the bond, seeing there were two witnesses subscribers of the bond, which they found also good as if their names had been inserted; and where this decision may appear to differ from that of the Sheriff of Cavers, (No. 94.) the same may be reconciled thus, that that of the Sheriff of Cavers was in a writ not subscribed by the party, but by notaries for him, in which case the act of Parliament requires four witnesses' names to be specially designed and inserted in the writ, and this writ is subscribed by the party's own hand, and the act strikes not so directly on it.
Act. Gray.Alt. Craig.Clerk, Gibson.
Durie, p. 123.
