Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Menzies, Bailie of Edinburgh, v. Mrs Mary Hay
Date: 8 February 1694
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Phesdo reported William Menzies, bailie of Edinburgh, against Mrs Mary Hay; who offered to prove, by witnesses, that an assignation he had to a debt was lying blank beside the defunct the time of his decease, and filled up since. Answered by the Bailie,—That this assignation, being his own evident, given him in payment of a true debt, and now in his own hands, it cannot be taken from him but by his oath or writ. The Lords considered, that, if the subscriber of the assignation were alive, he might be examined; but, in regard he was dead, they allowed witnesses to depone hinc inde, before answer, how that assignation was taken out of the charter-chest, and on all other circumstances.
