Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Shaw v Calderwood. [1699] 1 Brn 602 (11 December 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn010602-1518.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Shaw
v.
Calderwood
11 December 1669 Click here to view a pdf copy of this documet : PDF Copy
In a competition for preference, Calderwood, founding his right and title upon a disposition of the lands controverted, the same was offered to be proven to be false of the date; which being sufficiently proven per testes insertos,—It was then Debated, Whether or not the writ, being false in the date, was false in totum, and could be made use of as being of the date, when it was truly subscribed: As to which point both parties did adduce practicks, pro et contra.
The Lords did find the disposition to be false in totum, in this case; seeing the true date was after that the granter was in lecto cegritudinis, and it was made of a prior date of purpose, that it should not be quarrelled upon that ground: that wherever the same was done dolo malo, et ex proposito, falsum in datum, makes the whole to fall.
Page 86.
The electronic version of the text was provided by the Scottish Council of Law Reporting