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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> [Debate anent Proving the Tenor of a Comprising]. [1666] 1 Brn 542 (19 July 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn010542-1399.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: [Debate anent Proving the Tenor of a Comprising]
19 July 1666 Click here to view a pdf copy of this documet : PDF Copy
It was debated, but not decided, whether the tenor of a comprising may be proven. There is an Act of Parliament, Ja. Vi. Par. 6. That the tenor of letters of horning should not be proven; and there is eadem, if not more, ratio as to comprisings, the solemnities being greater and more. And if a comprising, which is, in effect, the execution of a messenger, may be made up by a probation of the tenor; a paritate rationis, poindings, and interruptions of prescription by citations, and executions, and intimations of assignations, may be made up by witnesses; and arrestments and decreets.
Page 11.
The electronic version of the text was provided by the Scottish Council of Law Reporting
