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Scottish Court of Session Decisions >>
Lauchland Leslie v Innernytie. [1685] Mor 12754 (00 December 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor3012754-654.html Cite as:
[1685] Mor 12754
Trust declared upon circumstances, and the purser's oath in supplement.
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Lauchland Leslie having, upon a payment of a debt to my Lord Northesk, gotten a blank assignation in anno 1669, and being debtor to John Stuart, son to Sir William Stuart of Innernytie, the assignation was filled in Sir William's name, though then dead, because it did not quadrate with John, who, at the date thereof, was but a child in familia: Leslie immediately took up his assignation, till the settlement with John was adjusted; and John dying medio tempore, he commenced a declarator against the present Innernytie, for declaring that Sir William's name was inserted in trust.
Alleged for the defender; That an assignation in the name of his father, whom he represents, could only be taken away scripto vel juramanto; and it was improbable the pursuer could fill up a dead man's name, when he could not get a back-bond, unless he had been first secured by the representatives.
Answered; The pursuer offers to prove that he paid the money to Northesk, and got the assignation delivered to him, which he now produces; 2do, Sir William gave up an inventory of debt due to him, and so did John, without mentioning this debt.
The Lords declared the trust, the pursuer giving his oath in supplement, but the defender's curators made no great opposition.
