Casus Amissionis – Extract.-
Where a bond was challenged as false and forged, and on production being called for in the improbation, and an extract produced to satisfy production: On its being urged that the original bond ought to be produced, it was stated that it was lost in the hands of the Keeper of the Records; a proving of the tenor being made necessary: Held, that a special casus amissionis was unnecessary where, in these circumstances, the proof that the original existed was established-both by the extract, and by the decreets in other processes, and where the Keeper of the Record deponed that such bonds had gone amissing in the Register Office on former occasions.
[1770] UKHL 2 – Paton – 234
Bailii
Scotland
Updated: 13 January 2022; Ref: scu.561668