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Scottish Court of Session Decisions >>
Lawrie of Blackwood v Sir John Drummond. [1673] Mor 12320 (10 January 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor2912320-089.html
A disposition had been written out with a blank for the disponee's name, and filled up with another hand. It was not allowed to be proved, that it had been filled up after the granter's death, otherwise than scripto vel juramento.
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In a reduction at Blackwood's instance, as having adjudged from the apparent heir of Sir Robert Drummond the lands of Meidhope, of a disposition made to Sir John of the said lands, upon this reason, that the disposition was lying by Sir John, and filled up in his own name after Sir Robert's death, which was offered to be proved by the writer and witnesses who were present at the filling up thereof; it was answered; That the reason was not probable but scripto vel juramento of the defender, the same being now in his possession, and in law could not be otherwise taken from him. It was replied, That in such cases the Lords, ex nobili officio, might examine witnesses specially, Sir John's name being filled up with another ink and hand; likeas, they craved Sir John's oath of calumny, if he had reason to deny the same; in that case the Lords declared, that they would not find the reason probable by witnesses, if the defender being ordained to give his oath of calumny should declare, that he had reason to deny the same, as being against our law, and of a dangerous consequence.
Fol. Dic. v. 2. p. 217. Gosford, MS. No 553. p. 298.
