Payment being made, who understood to have advanced the Money.
Wilson v. Dawling
Date: 2 July 1669 Case No. No 200.
An heritable bond being produced by the heir cancelled is to be presumed paid by him, and not by the executor, the heir always making faith.
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In a compt and reckoning, the said Mr George Wilson, as heir to one Wilson, his uncle, and Dawling, who had married his uncle's relict, who was executrix, there being a debt given up in the inventory of the testament of 200 merks due by bond to one Shorteous, whereby the free goods were diminished in the total; the minister alleging, that he had paid that debt, and retired the bond, which he produced cancelled; it was alleged, That that did not prove payment, unless he had a discharge from the creditor. Whereupon Shorteous was ordained to depone; and being examined, did declare, that the sums of the bond were truly paid to one Milne in her name, who, by her order, delivered up the bond, but that she knew not whether the payment was made by the heir, or the executor. The Lords, in respect that both the executor and Miln were dead, that no more trial could be made in the cause, and the bond being heritable, and in the heir's possession, did sustain his allegeance of payment, he always declaring upon oath, that truly he paid the same with his money.
Fol. Dic. v. 2. p. 152. Gosford, MS. No 153. p. 60.
