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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston v Orchardtoun. [1676] Mor 15798 (24 February 1676) URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor3615798-027.html Cite as: [1676] Mor 15798 |
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[1676] Mor 15798
Subject_1 TENOR.
Date: Johnston
v.
Orchardtoun
24 February 1676
Case No.No. 27.
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In a pursuit upon a bond of corroboration, it was alleged, That the principal bond ought to be produced; which was repelled, in respect the maxim, non creditur referenti nisi constet de relato, holds only in the case where there is only a naked relation to a writ, and not when the writ that relates thereto doth proceed to an obligation thereupon; and it is not only relative but dispositive.
Reporter, Glendoick. Clerk, Robert Hamilton.
The electronic version of the text was provided by the Scottish Council of Law Reporting