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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Humphry Parsons,&c. Executors of John Brown, and His Majesty's Advocate, v James Smith. [1753] 2 Elchies 224 (8 February 1753)
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Subject_1 FRAUD.
Date: Humphry Parsons,&c Executors of John Brown, and His Majesty's Advocate,
v.
James Smith
8 February 1753
Case No.No. 31.
Forgery.
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In a trial of forgery, Humphry Parsons, &c. executors of John Brown, and his Majesty's Advocate, against James Smith, of a receipt of L.69 sterling by Brown to Smith, in part payment of two bills, all of Smith's handwriting, but which bears to be signed by Brown at Edinburgh the day before he was cut for the stone, whereof he died in a few days; we could have no direct proof, but the evidence of the forgery was quite convincing at the same time by the proof. Smith had in the country the character of an honest man, and though a very low man originally, a common carrier, yet had acquired great trust in the country; therefore though we found the receipt forged, yet we would not remit him to the Court of Justiciary; and gave the same judgment as in Forrester's case, No. 24. supra, viz. pillory and transportation for life.
The electronic version of the text was provided by the Scottish Council of Law Reporting