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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Auld v John Smith. [1684] 2 Brn 57 (00 February 1684)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
William Auld
v.
John Smith
1684 .February .Click here to view a pdf copy of this documet : PDF Copy
One having delivered a principal bond to his son-in-law unregistrate, who gave it up to the debtor, and got a new bond in his own name in lieu thereof; the creditors of the father-in-law pursued the debtor; and having referred the debt to his oath, he deponed, and acknowledged the matter of fact above-mentioned. Alleged for the pursuers, That the haver of a principal bond, wherein another person was creditor, could pretend no right thereto without an assignation; and the debtor who got it up from another than the creditor, had reason to suspect, that it was either found or fraudulently abstracted. Answered for the debtor and son-in-law, That they offered to prove, by witnesses, that the father-in-law declared to them he had given the bond to the defender, in order to be renewed in his son-in-law's name. The Lords, before answer, ordained the witnesses to be examined, and the debtor to be re-examined upon that point. Vide No. 467, [Reach against Polwart, November 1685.]
Page 125, No. 457.
The electronic version of the text was provided by the Scottish Council of Law Reporting