Scottish Court of Session Decisions

Subject_1 FALSA DEMONSTRATIO.

James Dalgliesh
v.
Robert Hamilton

Date: 6 July 1753
Case No. No 9.

In a ranking and sale the objection sustained that the common debtor was cited under a wrong christian name, though he was properly designed as to his profession and quality.

Click here to view a pdf copy of this documet : PDF Copy

Dalgliesh pursued a ranking and sale of the lands of Wester Abden, and called as the common debtor, “George Hamilton cooper in London, son and apparent heir to the deceased George Hamilton of Wester Abden.”

Objected for Robert Hamilton, another of the creditors on the estate of Wester Abden; This sale cannot proceed, for that the common debtor is not called, his name being not George, but William, “The Lords sustained the objection,” although it was pleaded for Dalgleish, that the description above narrated could not be applied to any other person whatever than the common debtor; and that the certainty of the descrpition ought to supply the error in the christian name.

Act. Garden. Alt. Brown. Clerk, Murray. Fol. Dic. v. 3. p. 205. Fac. Col. No 79. p. 118.