Scottish Court of Session Decisions

Subject_1 DEPOSITUM.

M'Intosh and Drum
v.
Randerstoun

1685. December.
Case No. No 6.

What proof of depositation?

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It being alledged for Humbie's interdictors, That they consented to an alienation of lands, upon condition, that they should have power to dispose of the price, and prefer creditors as they thought fit, and that the disposition was deposited in Sir John Cunningham's hands, not to be delivered to Sir William Primrose, until they had destinated the price to what creditors they pleased:

The Lords found the depositation only probable scripto vel juramento, and not by witnesses instrumentary, or others, in respect the disposition was now in the hands of the buyer, and the price payable to the interdicted seller, and the disposition bore no qualified consent of the interdictors reserving power to apply the price, but a simple consent.

Harcarse, (Depositation.) No. 415, p. 111.