Scottish Court of Session Decisions

Subject_1 FALSA DEMONSTRATIO.

Sharp of Hoddman
v.
Creditors of Mossknow

1752, Dec. 26.
Case No. No. 3.

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A bond being granted in 1683 by Robert Telfer as principal, and William Graham of Mossknow as cautioner, wherein one of the two witnesses is designed John Agnew, brother-german to William Irvine of Bonshaw, on which inhibition followed, which was afterwards corroborated, and the annualrents accumulated, by the cautioner in 1699 and 1703;—the inhibition being objected to, for that the bond 1683 was null, there being no such person as John Agnew, brother-german of Irvine of Bonshaw;—answered, It was only a mistake in calling him brother-german instead of brother-in-law, and that error could not annul the bond; 2dly, homologated by the two corroborations; 3dly, one of the brothers may have changed his name. We found the bond void and null, and the inhibition on it, unless the creditor would prove that such was the witness's name and designation; referente Woodhall. As to the homologation we found that the inhibition must stand or fall with the bond 1683; and at the same time that these corroborations would not even bind the cautioner, if the bond was void as to the principal.