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Scottish Court of Session Decisions >>
James Blackwood of London, Merchant, v John Hamilton of Grange and his Tenants. [1713] Mor 15819 (17 July 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor3615819-055.html
James Blackwood of London, Merchant, v. John Hamilton of Grange and his Tenants
Date: 17 July 1713 Case No. No. 55.
A decree proving the tenor of a bond therein libelled, blank as to writer's name and witnesses, and not proved in the process of tenor to have had these solemnities, found null, because that decree could be no more effectual than if the bond itself were produced blank in the writers' name and witnesses.
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In an action of mails and duties pursued by James Blackwood against the tenants of the estate of Grange, John Hamilton their master compeared and repeated a reduction of the pursuer’s title, which was an adjudication, upon this ground, That the same proceeds upon a decreet proving the tenor of a bond therein libelled, blank as to writer’s name and witnesses; and it was not proved, in the process of tenor, that the bond had writer’s name and witnesses subscribing.
The Lords found the tenor as proved null, and reduced the adjudication following thereon; nor would they presume, that the bond was formal, and that the solemnities were adhibited. For the Lords considered, That the decreet proving the tenor could be no more effectual, than if the bond itself were produced blank in the writer’s name and witnesses; as a decreet proving the tenor of a bond dated since the act of Parliament 1696, libelled blank in the creditor’s name, could not be sustained to support such a bond labouring under the intrinsic nullity of being blank; albeit Mr. Blackwood pretended to be in a more favourable case against the heir of his debtor, than if he were competing with another creditor; for it would be relevant for the debtor himself who granted the bond, to object the present nullity.
