Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Eupham Scott, and George Winrham of Eymouth, her Husband, v. Daniel Nicolson, Writer in Edinburgh
Date: 6 January 1694
Click here to view a pdf copy of this documet : PDF Copy
The Lords advised the probation in the concluded cause pursued by Eupham Scott, and George Winrham of Eymouth, her husband, against Daniel Nicolson, writer in Edinburgh; that the bond whereon he had obtained a decreet against her, and on which she had granted him a bond of corroboration, was truly a bond lying blank in her father's charter-chest, and taken out thereof; and Mr Alexander Hay's name, for Daniel's behoof, filled up in it. The Lords found it proven, by the depositions of James Scott, Robert Legett, and others, that it had been a retired bond, and found in Clerkington's charter-chest amongst other papers, and delivered by the said James Scott to Daniel; and therefore they reduced it, and declared the bond of corroboration and transaction made thereon null.
This was only carried by one vote; and, though it was proven that James Scott had taken this bond out of his charter-chest, yet it was not so clear that Daniel was conscius fraudis; and he had acquired it for an onerous cause of debt owing by James Scott to Lands, Daniel's father-in-law, though not adequate.
