BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
William Menzies, Bailie of Edinburgh, v Mrs Mary Hay. [1694] 4 Brn 147 (8 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040147-0332.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Menzies, Bailie of Edinburgh, v. Mrs Mary Hay
Date: 8 February 1694
Click here to view a pdf copy of this documet : PDF Copy
Phesdo reported William Menzies, bailie of Edinburgh, against Mrs Mary Hay; who offered to prove, by witnesses, that an assignation he had to a debt was lying blank beside the defunct the time of his decease, and filled up since. Answered by the Bailie,—That this assignation, being his own evident, given him in payment of a true debt, and now in his own hands, it cannot be taken from him but by his oath or writ. The Lords considered, that, if the subscriber of the assignation were alive, he might be examined; but, in regard he was dead, they allowed witnesses to depone hinc inde, before answer, how that assignation was taken out of the charter-chest, and on all other circumstances.
