Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Janet Hamilton, v. Raploch, her Brother
Date: 23 November 1694
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Janet Hamilton, relict of Samuel Winram, pursues Raploch, her brother, for 400 merks, due by her father, conform to bond, whereto she had an assignation. He offers to prove, by her oath, that this debt was paid by her father, and an assignation taken blank, (which extinguished the debt,) and her name afterwards filled up in it; and she acknowledging that she got both the assignation and bond from her father, the question occurred to the Lords, Whether the debt was so extinct by confusion, as that he could not make it reconvalesce, by filling up his daughter's name in the assignation; which was as great an indication of his mind to continue debtor, as if he had given her a bond of provision: only, it was objected, this was not the habile way.
The Lords ordained her to be reexamined, if she saw the assignation blank, and if it was so at the first; or if her name was originally filled up in it: Though this imports little to take off the principle, quod confusione tollitur obligatio.
