Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Walter Scott
v.
Sir Laurence Scot

Date: 29 January 1669

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In a reduction, pursued at the said Walter's instance, against Sir Laurence, of a bond for 7000 merks, granted to the said Sir Laurence ex capite fraudis, in so far as it was procured by a mere contrivance betwixt him and the notary; as appeared by a missive letter, and a ticket granted to the notary of £40, with a promise of other good deeds, enjoining him not to let the said Walter know any thing thereof:

The Lords ordained the notary, and witnesses insert, or any other witness who had any accession to the contrivance, to be examined ex officio; notwithstanding it was alleged, That all these contrivances were only to induce the pursuer to grant the bond; but the pursuer being major, sciens et prudens, they ought to allege that he was circumvened when he subscribed the same.

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