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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Nory and Crauford v James Meikle. [1672] 1 Brn 657 (2 July 1672) URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn010657-1610.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: James Nory and Crauford
v.
James Meikle
2 July 1672 Click here to view a pdf copy of this documet : PDF Copy
In an action for proving the tenor of a bond, granted by Thomas Meikle to Sir Joseph Douglas, to which Crauford had right by translation from Nory; wherein there was produced, for adminicles, a decreet obtained before the bailies of Linlithgow:—
It was alleged for the defender, That he having an improbation of the bond depending, and a day assigned to satisfy the production, with certification, this action for proving the tenor could not be advised; seeing frustra, the tenor was to be proven, if the bond should be improven as false and feigned; and all that could be done in the action for proving the tenor, was only to instruct that such a bond was seen; which did noways prove the verity thereof; but, notwithstanding, it might be improven as false and feigned.
It was replied, That both the actions were consisting, and the one did not hinder the other; and therefore the cause ought to be advised, reserving the improbation as accords.
The Lords did repel the allegeance; and declared, that they would advise the action for proving of the tenor, seeing it was intented before the improbation; at least before any term was assigned: and therefore the causa amissionis being proven, and the tenor, by the adminicles and deposition of witnesses, the decreet ought to be received for satisfying the production in the improbation; and yet would not hinder the improbation of the bond, as false and feigned, as effectually as if the principal had been produced.
Page 265.
The electronic version of the text was provided by the Scottish Council of Law Reporting
