BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr William Thomson's Daughter v Duke of Hamilton. [1688] 2 Brn 121 (9 June 1688) URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn020121-0330.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Mr William Thomson's Daughter
v.
Duke of Hamilton
9 June 1688 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at the instance of Thomson against the Duke of Hamilton upon a precept,—Alleged for the defender, That the precept was null, as wanting writer's name and witnesses, and not holograph. Answered for the pursuer, That he offered to prove the subscription by the Duke's oath. And the Duke having deponed, that the subscription was not his handwrit, to the best of his knowledge, it was alleged, at advising, that the oath was not positive, but only an oath of credulity, and that the precept could be adminiculate by other papers produced by the defender, which imported a homologation of the precept. The Lords found the oath did admit of no other probation.
Page 211, No. 746.
The electronic version of the text was provided by the Scottish Council of Law Reporting
