Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

William Crawford
v.
Andrew Duncan

Date: 7 June 1666

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Andrew Duncan, being debtor by bond to William Crawford, in the sum of 200 merks, and being pursued for payment,—

It was alleged by the defender, Andrew Duncan, That the bond is null, wanting date.

It was replied, There was no necessity of a date, but in case of improbation or preference amongst creditors, or inhibitions; and there needed no condescendence of the date, seeing the pursuer was content to refer the verity of the subscription to the defender's oath. And it being questioned whether or not the ticket, being intrinsically null, wanting date, and the date being referred to the defender's oath, the defender might depone, not only as to the date, but qualification, whereby he might totally elide the bond:—

The Lords repelled the defence, and found, That the defender might have his oath upon the verity of the subscription; and, protesting for a qualified oath, might adject what quality he pleased, for eliding of the debts,—such as minority, or payment.

Which the Lords declared they would take to their consideration, the time of the advising of the oath; as was allowed to Sir James Murray, in the case betwixt the Earl of Kinghorn and him, in January 1666.

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