Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Robert Deans v. -
1673.
June.
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A charge, given by Mr Robert Deans, advocate, upon a bond, being suspended, on this ground, that the bond was null, because vitiated in parte substantiali, videlicet, the sum; it being clear, by ocular inspection, that 100 merks was made 800 merks; for which reason, the Lords annulled the bond in totum, and would not so much as sustain it for the 100 merks, which was confessed by all to have been the true sum contained in the bond ab initio; and that in pænam falsi. Though we say utile per inutile non vitiatur, and especially if the charger was an assignee, and not particeps fraudis. Vide something like this, supra, No. 362. [19th July, 1672, Jack against Jack.]
