Deed – Incapacity – Proof – Testamentany Witness.- Circumstances held insufficient to reduce a deed on the head of fraud and facility. Also held, reversing the judgment of the Court of Session, that the writer who executed the deed challenged, and who was an instrumentary witness, is not, when adduced to prove the capacity of the maker of the deed at the time he executed it, an incompetent witness. Nor is he inadmissible on the ground of partial counsel, from having written into the Edinburgh attorney with instructions to defend this cause.
[1773] UKHL 2 – Paton – 312, (1773) 2 Paton 312
Bailii
Scotland
Contract
Updated: 13 January 2022; Ref: scu.561818