Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett, Lord Monoboddo.

Claim, Alexander Fraser, Second Son of Lord Lovat,
v.
His Majesty's Advocate

Date: 30 November 1753

Click here to view a pdf copy of this documet : PDF Copy

The Lords found that a bond of provision, bearing date in the year 1742, granted by my Lord Lovat to his said second son, and found in the son's possession, was not presumed to have been delivered of the date, nor at any time before the 24th June 1745, in a question with the crown, who in this respect was considered as a creditor, or onerous purchaser: but found that the presumption of its not having been delivered, as aforesaid, was taken off by a presumptive evidence that the bond was delivered on the 10th of June 1745; the amount of which evidence was, that a bond of provision was delivered of that date by my Lord Lovat to his son: but what the date of that bond was, or for what sum, none of the witnesses could say; so that there was no direct proof that it was the very identical bond which was executed in the year 1742.