Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Barclay v Liddell. [1671] 1 Brn 645 (10 December 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn010645-1592.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Sir Robert Barclay
v.
Liddell
10 December 1671 Click here to view a pdf copy of this documet : PDF Copy
In the forementioned action of warrandice, at Sir Robert's instance, against Liddel, being again insisted in,—it was alleged for Barclay, That not only there was a clause of absolute warrandice in the assignation, but that it had this specialty, viz. to warrant the sums thereby transferred; which, not being ordinarily insert in such clauses, must import that the debtor is solvent.
It was answered, That these words imported no more but that debitum vere subest.
The Lords did find, That these words, in specialty, did not import that the debtor was solvent the time of the assignation, but only that the debt was truly resting owing, and that the debtor was not tutus exceptione.
Page 212.
The electronic version of the text was provided by the Scottish Council of Law Reporting