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!
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Burnet v. -
Date: 15 November 1662
Click here to view a pdf copy of this documet : PDF Copy
In this case, found that an executor pursuing for a debt owing to the defunct testator, who was neither merchant, venturer, nor factor: and the debtor alleging that, by the testator's own count-book, the debt is paid him in his lifetime, which is equivalent to a discharge;
Replied,—That though in other cases, privata scriptura facit fidem contra scribentem, yet to force the executor to produce the testator's count-book, to take away a debt constituted by writ, were hard, he never being factor, merchant, &c.; for the case was put as, if the testator had left a discharge subscribed, beside himself, undelivered, can any in reason thereon think the debt is discharged? Notwithstanding whereof it was found that, by the testator's count-book, the debt was discharged, though the bond was not retired.
