Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Lawrie
v.
Miller

Date: 15 January 1630

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The order of redemption being used by the father, and an instrument being taken by him of the consignation of the sum of 100 merks, for the which the lands were wadset; but no declarator following of the redemption: the son of the redeemer,—having, by decreet-arbitral, renounced all right that he could pretend to the said lands,—pursues the heir of the bailie, in whose hands the money was consigned, to make payment to him of the same. It was answered and excepted by the defender, That this instrument, being but the assertion of one notary, could not oblige the party and his heirs to pay the sum, except he had subscribed the instrument, or given some other bond for making the same forthcoming, and especially in respect there had no declarator followed on the redemption. And the parties are all dead; and, if an instrument of consignation shall oblige the parties alleged to have received the consigned monies, but any other adminicle, it may work in matters of great consequence, as well as in this, for no more notaries are required but one in such a redemption and instruments taken thereupon. The Lords required some farther adminicle to prove that the sum was only consigned in the bailie's hands, and not uplifted again by the consigner, as is usually done where declarators are not sought.

2d MS. Page 197.