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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Laird of Rowallan
v.
The Lord Bargenie
15 January 1673 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at Rowallan's instance, as assignee constituted by the Laird Pinkell, in and to a bond granted by the Lord Bargenie, for implement thereof:—
It was alleged, That it was offered to be proven, by the pursuer's oath, that he was only intrusted to the behoof of Pinkell, who was denounced the king's rebel, and so had not personam standi injudicio.
It was replied, That that allegeance was only personal; and the right of the bond being standing in the person of the pursuer, the defence could not militate against him, unless they could allege that he was at the horn.
The Lords did repel the defence, in respect of the assignation standing: which may seem hard, seeing that the trust was offered to be proven by Rowallan's oath; which being granted, he could only be looked upon as a procurator; in which case the defence was relevant: othemays, it were easy to rebels to evite the punishment of the law, which chiefly consists in that they cannot have personam standi in judicio.
Page 299.
The electronic version of the text was provided by the Scottish Council of Law Reporting