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.
Drysdale v. Scotland and Moodie
Date: 21 December 1703
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John Scotland being debtor to Drysdale in a certain sum, he raises an adjudication of his lands; and compearance being made for the defender, alleged it was the first adjudication, and he would give him a progress and lands effeir-ing to his sum. One Moodie, agent for Drysdale the pursuer, produces a disclamation under Scotland's hand, bearing, That he passed from his compearance, and consented the adjudication should pass; whereupon the Ordinary pronounces decreet, and it is accordingly extracted. Scotland getting notice of this, he applies by a bill to the Lords, representing, that he neverturned nor granted any such paper, but it was wholly forged; and he offered to improve the same as false: and craved that Drysdale, and Moodie his agent, may be cited summarily to abide at it sub periculo falsi; and, if they decline, then to be punished as falsaries and users.
It was answered for Drysdale,—That the affair is a great surprise to him: He knows nothing of the manner how his adjudication was obtained, only he knows it is led for true and just debts, and he has no accession more or less to that disclamation and consent produced, nor never heard of it till of late; neither will he abide at the truth of it, seeing his adjudication, though stopped for a time, cannot fail but to go at last; and for him to participate its extract, there can be no reason to think he would be so foolish as to forge a paper.
And as to Moodie, it was answered,—The post of Alloa brought him a letter subscribed by nobody, wherein the said consent was inclosed; and he thinking it a true deed, like a messenger's execution sent to one, produced it in the clerk's hands, and is not obliged to stand to its verity.
The Lords finding the paper disowned, they ordained the adjudication to be brought back and cancelled but finding it was allowed and recorded, they demurred, and first ordained the forgery and using to be tried, in order to punishment of the guilty; for it seems to be a slender excuse to say, It was sent me, I know not by whom, and I now pass from it; for every forger may bring off himself that way, if it were allowed as sufficient: And then the Lords would consider how far they would recal the adjudication, and grant warrant to mark its being cancelled on the margin of the register where it stands recorded.
