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Scottish Court of Session Decisions >>
Walter Graham of Kilmardinny v Cochran of Kilmaronock. [1725] Mor 10992 (3 July 1725)
URL: http://www.bailii.org/scot/cases/ScotCS/1725/Mor2610992-190.html Cite as:
[1725] Mor 10992
Vicennial Prescription of Retours, and of Holograph Writs.
Walter Graham of Kilmardinny v. Cochran of Kilmaronock
Date: 3 July 1725 Case No. No 190.
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Mr William Cochran of Kilmaronock granted a holograph bond to Walter Graham of Kilmardinny, and after 20 years Kilmardinny pursued the heir of Kilmaronock for payment, who objected, That the bond was prescribed by the act of Parliament of King Charles II. concerning prescriptions, which requires, “That holograph bonds be pursued within 20 years, otherways they prescribe, unless the verity of such bonds is offered to be proven by the oath of the defender,” which Sir George Mackenzie interprets to be the oath of the subscriber; and in this case, the mean of proof being lost by his death, the bond falls.
The Lords find, that the word defender might be justly applied to the heir, who was defender in this action; and that his oath of knowledge of the verity of the bond was sufficient to support it.
Reporter, Lord Milton.For Kilmardinny, Arch. Murray.
Fol. Dic. v. 4. p. 99. Edgar, p. 184.
