Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

Walter Ruddiman
v.
Trades Maiden Hospital

Date: 30 June 1946
Case No. No. 28.

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A reduction, on the act 1621, was within these two or three years pursued of a mortification to the Maiden Hospital, in the name of the executors of Thomas Smith, upon a bond dated in 1689, and never heard of since that time, assigned in 1695 to a blank person, the bond registrated in 1703, but the assignation not registrated till 1733, about 44 years after the date of the bond, and then the blank filled up with a hand different from the writer of the deed, in the name of Thomas Smith, the cedent's grand-child, (then a child of seven or eight years of age.) The defence therefore being, that the bond was prescribed, the reply was, the assignee's minority, which was proved, so that it came to the question when this blank is presumed to have been filled up and delivered;—and notwithstanding several other very suspicious circumstances, the Lords found it filled up and delivered of the date.—Adhered. (See Dict. No. 355. p. 11155.)