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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Taylor v Lord Braco. [1748] 1 Elchies 519 (11 February 1748)
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[1748] 1 Elchies 519
Subject_1 WRIT.
William Taylor
v.
Lord Braco
1748 ,Feb. 11 .
Case No.No. 21.
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In the case mentioned 26th November 1747, (No. 17, voce Fraud), betwixt these parties, Lord Braco objected to William Taylor's bond, which was by Andrew Geddes, younger of as principal, and Archibald his father as cautioner, yet the testing clause run thus, “In witness whereof I have written and subscribed these presents, at” &c.; which bond, if it was Andrew the principal, then Archibald the father, who sold the lands, was not bound; and if it was Archibald the father, then it was null as to both, because not signed by the principal debtor. But upon answers, the Lords repelled the objection, agreeably to two precedents in point, 14th February 1712, Orr against Wallace, (Dict. No. 153, p. 16919), and 15th January 1734, Gilmour against Representatives of Pollock.
*** Relative to the case of Gilmour, the note in the manuscript, at the date 15th January 1734, is as follows:—The Lords adhered to the Ordinary's interlocutor. The former decision (alluding to Orr against Wallace) was the ratio decidendi that moved the Lords.
The electronic version of the text was provided by the Scottish Council of Law Reporting