Scottish Court of Session Decisions

Subject_1 FORFEITURE.

Duncan's Claim on Kinloch

Date: 28 February 1754
Case No. No. 25.

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One Duncan entered a claim on the estate of Kinloch for L.100 Scots, in Sir James Kinloch's accepted bill 28th August 1745; and because of the vesting act, offered to prove that it was granted for the remains of a former bill assigned to the claimant long before 24th June 1745. A proof was allowed in the Outer-House, and two witnesses deponed, that both Sir James Kinloch and the claimant said that the fact was such as he affirmed. The question was reported to us, and the Court was divided in opinion, as this was in effect not only the rearing up a debt by witnesses, but the rearing it up upon the word of the claimant himself and the forfeiting person, (though the claimant, it is true, must yet give his own oath.) However, it carried to sustain the claim 19th January 1754; and we adhered, when our new President Craigie and Lord Aucliinleck were with us; but it was chiefly in consideration of the smallness of the sum which removed all suspicion of deceit; but we seemed (almost all) to agree, that had it been a large sum, we would have thought the proof insufficient.