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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bank of Scotland v - . [1747] 5 Brn 748 (9 June 1747)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: Bank of Scotland
v.
-
9 June 1747 Click here to view a pdf copy of this documet : PDF Copy
The Lords found that a holograph paper, after twenty years, could not prove any fact tending to establish an obligation, and was to be considered in every respect as good for nothing, unless supported as the law directs. This case was put: Suppose a holograph letter or declaration, twenty years' old, produced to instruct that an assignation was in trust; it would signify nothing, though the obligation would not arise in such a case from the paper, but from the trust of which the paper was only a proof. Dissent. Preside; Assent. Arniston, Elchies, Drummore.—Actor Craigie, Alter Ferguson.
The electronic version of the text was provided by the Scottish Council of Law Reporting