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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Shed v Sir Patrick Nisbet. [1682] 2 Brn 14 (00 February 1682)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Shed
v.
Sir Patrick Nisbet
1682 .February .Click here to view a pdf copy of this documet : PDF Copy
One Shed having inserted his creditor Sir Patrick Nisbet's name in a blank bond due by one Scot, without taking a back-bond,—some years after, Sir Patrick pursued Shed. Alleged for the defender, That an assignation granted by a debtor, not bearing expressly in satisfaction, is presumed a corroborative security; but, when a creditor takes right to a bond, by getting his name inserted, that presumes satisfaction, unless the contrary be made appear. Which allegeance the Lords found relevant: but this is not sine suo scrupulo, Shed not having retired his bond.
Page 19, No. 99.
The electronic version of the text was provided by the Scottish Council of Law Reporting