Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Laird of Balbirnie
v.
Graham and Semple

Date: 27 February 1633

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The Laird of Balbirnie, as assignee to an English bond of £200 sterling, granted by umquhile Sir John Graham of Urquhill and Sir James Semple of Beltree, to Mr Robert Johnston, pursued the sons and heirs of the two debtors for payment thereof. Alleged, Paid by their father. The question was about the proving thereof. The defenders allege, That this, being an English bond granted by them, who had their residence for the time in England, and which was conditioned to be paid in England, they might prove the payment thereof by witnesses, according to the custom of England. The pursuer replied, The parties, contractors, being all Scotsmen, and the debt being pursued in Scotland, could not be proven paid but by writ or oath of party, conform to our law. The Lords found the allegeance relevant to be proven by witnesses, the custom of England being proven.

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