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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sharp of Hoddam v Creditors of Mossknow. [1752] 2 Elchies 188 (26 December 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies020188-003.html Cite as: [1752] 2 Elchies 188 |
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[1752] 2 Elchies 188
Subject_1 FALSA DEMONSTBATIO.
Date: Sharp of Hoddam
v.
Creditors of Mossknow
26 December 1752
Case No.No. 3.
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A bond by a principal and cautioner in 1683, whereon inhibition followed, and corroborated by the cautioner, and the interests accumulated both in 1699 and 1703, the inhibition was objected to, that it proceeded on a bond that was null and void, for that there were in it but two cautioners, (witnesses) whereof one was John Agnew, brother-german to William Irvine of Bonshaw, whereas no such person was in being. Answered, It was only an error in designing him brother-german, when he was truly brother-in-law, which could not annul the bond; 2dly, Irvine of Bonshaw's brother may have changed his name to Agnew; 3d, Homologated by the two corroborations. We found the bond and inhibition void and null, unless the creditor would prove that such was the witness's name and designation. We thought the inhibition might stand or fall with the original bond, whatever became of the corroborations; and, 2dly, That these corroborations would not bind the cautioner, if the original bond was void as to the principal.
The electronic version of the text was provided by the Scottish Council of Law Reporting
