Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. II.

Notary's Instrument.

Anstruther
v.
Thomson

Date: 1 December 1611
Case No. No 366.

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In an action pursued by Roger Anstruther against William Thomson of Wigton, the Lords refused process, upon an instrument subscribed by two notaries, bearing that the said William Thomson confessed that he sold and disponed to the said Roger his tack of certain lands holden of Lochinvar.

Fol. Dic. v. 2. p. 243. Kerse, MS. fol. 255. *** Haddington reports this case:

1611. November 29.—In an action betwixt Anstruther and Watson, in Tungland, founded upon an instrument of two notaries, containing the effect and substance of a contract between the said parties, the Lords would not sustain the said instrument, because albeit two notaries might lawfully subscribe a contract for a party, that could not write himself, being required by him, yet they might not, by an instrument, bind him. Thereafter the pursuer offered to prove the verity of the tenor of the instrument, which was not of great consequence, by the defender's oath: The Lords found it relevant.

Haddington, MS. No 2321.