Scottish Court of Session Decisions

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

Blackbarrony
v.
Clerkingtoun

Date: 20 June 1688

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In a pursuit upon a contract of marriage, for payment of a bond due to the wife by her father, and therein assigned to her husband, against the debtor's grandson, whose father was heir to the debtor, and consenter in the said contract with the wife, his sister;—Alleged for the defender, No process for payment of the bond narrated in the contract, unless the bond itself were produced; and, whatever might be pretended against the debtor in the bond, had he narrated the same in the contract, the narrative ought not to militate against the defender's father, who was but heir to the debtor, and not principally concerned, or obliged to pay, but only a consenter in the contract. Answered, The contract narrates all the substantials of the bond, and the defender's father, who was then heir to the debtor, would not have signed any contract narrating a debt himself would be liable for, had he not been convinced of the truth of it; nor is he a consenter in general, but also in the clause of assigning the said bond. The Lords sustained process on the contract.

Page 263, No. 936.