Scottish Court of Session Decisions

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

Asthaust, Englishman,
v.
Anna Douglas, Lady Boghall

Date: 15 June 1669

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In a reduction, pursued at the Lady Boghall's instance, who was relict of Anthony Roswall, for reducing a wadset granted Astharst, ex capite inhibitionis, which was served at the instance of Sir John Carstairs, upon a personal bond granted by Roswall before the wadset;—there being a declarator raised at the defender's instance, to hear and see it found, That the debt was satisfied by Roswall himself, or by Maurice Trent, his cautioner, to whom Roswall had disponed some lands for his relief; and it being desired that witnesses might be examined, ex officio, anent the said conveyance, of filling up the lady's name in the assignation, notwithstanding of payment of the debt, as said is:—It being alleged, That the assignation, being filled up in the lady's name, could not be taken awray but scripto vel juramento:

The Lords, notwithstanding, before answer, did ordain Maurice Trent his oath to be taken primo loco; reserving to examine Sir John Carstairs, and James Brown advocate, who was the lady's son-in-law, as they should find cause.

Page 52.