Wallace v. The Viscount of Kingston, and His Tenants
Date: 30 November 1694 Case No. No 196.
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It came to be debated, how far he was bound to abide at the verity of the intimation made to the tenants, which was offered to be improved as false, and which he was content to abide at as truly delivered to him by Mr Robert Swinton the notary, who was content to enact himself to abide by it simpliciter; in regard the Lords had varied in this, sometimes allowing a qualified abiding to heirs who found it in their predecessor's charter chest, and to assignees, that it was really so delivered to them by the cedent; at other times obliging them to abide at it without any quality, in regard of the danger of the preparative, that one, to shun the hazard, will assign it to a person of no fame nor substance;. therefore they took here a middle course, seeing the notary abode at it simpliciter, (as messengers do at executions) and superseded to declare how far he should be liable for using it till the probation were taken, that it may appear how far he was accessory thereto. See the like in Durie, 5th February 1635, Ker, No 173. p. 6750.; and Stair, lib. 4. tit. 20. § 19. Some thought it securer to oblige all to abide simply, but to allow them to protest to be heard at the advising, why they could not be liable.
