Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

Walter Ruddiman
v.
Trades Maiden Hospital

1746, July 30.
Case No. No. 28.

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A bond dated 1689 being assigned in 1695 to a blank person, the bond was registrate in 1703, but the assignation not registered nor heard of till after 1733, when the prescription of the bond was run, and the granter dead, and when it appears, filled up in a different hand, in the name of the granter's grandchild, Thomas Smith; whose heirs brought a reduction on it of a disposition by the debtor to the Maiden Hospital on the act 1621. The defence was prescription of the bond. Replied, Minority of Thomas Smith; and his minority was proved. Duplied, The assignee's name blank, and filling or delivery is not presumed. And notwithstanding all the suspicious circumstances, the Lords found that the filling up and delivery, of the date, was presumed, and found his minority must be deducted, though the assignation had not been intimate,—renit. inter alios Tinwald et me on the first point, 24th June.—30th July Adhered, seven to four.