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 >> William Auld v John Smith. [1684] 2 Brn 57 (00 February 1684) URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn020057-0154.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
William Auld
v.
John Smith
1684 .February .Click here to view a pdf copy of this documet : PDF Copy
One having delivered a principal bond to his son-in-law unregistrate, who gave it up to the debtor, and got a new bond in his own name in lieu thereof; the creditors of the father-in-law pursued the debtor; and having referred the debt to his oath, he deponed, and acknowledged the matter of fact above-mentioned. Alleged for the pursuers, That the haver of a principal bond, wherein another person was creditor, could pretend no right thereto without an assignation; and the debtor who got it up from another than the creditor, had reason to suspect, that it was either found or fraudulently abstracted. Answered for the debtor and son-in-law, That they offered to prove, by witnesses, that the father-in-law declared to them he had given the bond to the defender, in order to be renewed in his son-in-law's name. The Lords, before answer, ordained the witnesses to be examined, and the debtor to be re-examined upon that point. Vide No. 467, [Reach against Polwart, November 1685.]
Page 125, No. 457.
The electronic version of the text was provided by the Scottish Council of Law Reporting
