Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 18 December 1684

William Beck
v.
Crawford of Drumsuy

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William Beck against Crawfurd of Drumsuy is reported by Saline. There being two several bonds granted by Crawfurd, one to Mungo Beck, and the second to Elizabeth Boog his relict and executrix, (though it does not bear nor design her as executrix;) the last being declared to be in satisfaction of a sum owing to her, and no word of the bond due to her husband; and the first being for 400 merks, and the second for 430 merks, (which 30 merks was alleged to be but the accumulated annualrent of the first;) and so the two bonds were neither ad idem quoad the sums, nor quoad the creditors:

The Lords, before answer, ad indagandam veritatem, ordain the writer and witnesses of the second bond to be examined, what was the true cause thereof, and if they heard that it was for the first bond or not. One of the witnesses, being the debtor's brother, was objected against as testis suspectus et inhabilis pro fratre; but, being instrumentary, he was sustained; and though the term was circumduced for not bringing in the two witnesses, yet the Lords, on a bill, granted a farther day: and both having deponed, and their oaths being advised, the Lords found it clearly proven that the second bond was granted for the first.

Vol. I. Page 322.