Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Butter
v.
Butter

1684. December.

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James Butter having taken a bond of borrowed money, in the name of his nephew, without delivering the bond, or reserving any liferent to himself, and got a bond from the nephew for securing him of the half of the liferent of that sum, with a clause adjected, that he, James, might alter and innovate the same; which faculty he exercised in favours of another nephew, after the first's decease without children, and raised a declarator thereof against a person to whom the said first nephew had assigned the bond, particularly upon this ground, that the bond was never delivered;—Alleged for the defender, That the cedent having paid to the pursuer the half of the annual-rent for several years, upon his discharges thereof, that imported delivery, and that the pursuer had but the naked custody of his nephew's bond; and many times creditors will make assignations, and intimate them, for the assignee's behoof, and yet keep all in their own possession. The Lords recommended to the parties to settle, which they did by dividing the sum.

Page 44, No. 198.