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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of March v - . [1755] 5 Brn 840 (16 December 1755) URL: http://www.bailii.org/scot/cases/ScotCS/1755/Brn050840-1024.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Earl of March
v.
-
16 December 1755 Click here to view a pdf copy of this documet : PDF Copy
A man subscribed a deed who could not read; and the question was, Whether it was to be presumed that the deed was read over to him, and that he knew what was contained in it; and the Lords found that it was not to be presumed but proved, and that the onus probandi lay upon the user of the deed. The President compared a man that could not read to a blind man; and he said it was undoubted law that there must be a proof of the deed being read over to a blind man, otherwise it will not be accounted his deed.
The electronic version of the text was provided by the Scottish Council of Law Reporting
