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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Effie Scot v Daniel Nicolson. [1688] 2 Brn 125 (14 July 1688) URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn020125-0338.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Mrs Effie Scot
v.
Daniel Nicolson
14 July 1688 Click here to view a pdf copy of this documet : PDF Copy
Mrs Effie Scot having transacted a debt contained in her father's bond, on which she was pursued as representing him, and thereafter discovered that the said bond was found among her father's papers after his death, blank in the creditor's name, she raised a declarator of extinction of the bond and transaction; seeing, by the civil law, transactions may be rescinded super instrumentis falsis. Answered, Though the bond had been taken out among the defunct's papers, that could not prejudge the defender, a creditor who had it for an onerous cause, and was not doli particeps; and transactions are the greatest security of the lieges. The Lords demurred to rescind the transaction; but, before answer, allowed probation as to the point of fact of taking out the blank bond, in order to relief against the uncle Mr James Scot, who was alleged to have taken out the same.
Page 53, No. 225.
The electronic version of the text was provided by the Scottish Council of Law Reporting
