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Scottish Court of Session Decisions >>
The Creditors of William Paton of Paaholls, Competing. [1711] Mor 16807 (8 June 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor3816807-014.html Cite as:
[1711] Mor 16807
The Creditors of William Paton of Paaholls, Competing
Date: 8 June 1711 Case No. No. 14.
A writ subscribed by two, and sidescribed at the joining of the sheets only by one of them, sustained as valid quoad both.
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In the competition of the creditors of William Paton of Panholls, an assignation granted by John and Mary Patons, to the said William Paton their eldest brother, subscribed by both the cedents, but sidescribed at the joining of the sheets only by John before two witnesses, being quarrelled by Mr. John Cunningham, school-master in Edinburgh, husband to Mary Paton, as null quoad her, upon this ground, that she did not sidescribe it; it was answered for the other creditors, that no act of Parliament or sederunt requires sidescribing, and contracts of marriage are sustained probative against all the subscribers, though some of them only side-scribe; nor can the want of sidescribing here, be any nullity, seeing John's subscribing and sidescribing before witnesses, doth clearly ascertain the conjunction of the sheets.
The Lords repelled the nullity objected against the assignation.
