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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Walter Scott v Sir Laurence Scot. [1669] 1 Brn 579 (29 January 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010579-1468.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Walter Scott
v.
Sir Laurence Scot
29 January 1669 Click here to view a pdf copy of this documet : PDF Copy
In a reduction, pursued at the said Walter's instance, against Sir Laurence, of a bond for 7000 merks, granted to the said Sir Laurence ex capite fraudis, in so far as it was procured by a mere contrivance betwixt him and the notary; as appeared by a missive letter, and a ticket granted to the notary of £40, with a promise of other good deeds, enjoining him not to let the said Walter know any thing thereof:
The Lords ordained the notary, and witnesses insert, or any other witness who had any accession to the contrivance, to be examined ex officio; notwithstanding it was alleged, That all these contrivances were only to induce the pursuer to grant the bond; but the pursuer being major, sciens et prudens, they ought to allege that he was circumvened when he subscribed the same.
Page 35.
The electronic version of the text was provided by the Scottish Council of Law Reporting
