Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
John Graham of Dougalston v. Captain Sanderson
Date: 27 February 1703
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Captain Sanderson, being heritor of the lands of Balvy, did grant a factory, by way of contract, to John Graham of Dougalston, for uplifting the rents of these lands, during his abode in Ireland; and the Captain, coming to Scotland in 1702, gave in his double to be registrate, and took out horning thereon; but, after inspection, Dougalston found the double given in as a principal was but a copy, and had neither of their subscriptions; and thereon raised improbation against Captain Sanderson, as the user of a false writ.
Answered,—It was very true the writ he gave into the register proved only to be a mere copy; but it is as true, that was the paper he got from Dougalston as a principal, and he always esteemed it such till he inspected narrowly the subscriptions: and he could have no temptation to forge a paper, when there was a principal extant, especially where it does not differ in one syllable from the true principal; for falsehood is ever contrived to the advantage of the forger, which is not here.
Replied,—It is as little to be supposed I would have given you a copy instead of a principal; for cui bono could that be, when I had an original in my own hand?
The Lords finding much humour on both sides; for allaying of heats, they found, That Captain's Sanderson's registrating and charging on the said double was a pure mistake, and therefore assoilyied him from the improbation, and found no ground to insist upon any forgery in this case; as also found, there was no manner of suspicion to infer that Dougalston had given this copy to Sanderson, or that there had been the least indirect dealing upon his part; but ordained the said copy given in to the register to be torn and cancelled. Dougalston insisting to have the Captain made sensible of the injury he thought was done him, by craving him pardon; and the Lords thinking he was fully vindicated without that; he entered his appeal to the Parliament, and protested for remedy of law and reparation of his honour.
