Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. IV.

Instrumentary Witnesses.

Robertson
v.
Abercromby

Date: 21 November 1627
Case No. No. 98.

A notary, cannot be one of the witnesses of a deed, executed by himself and notary.

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In an action betwixt Robertson and Abercromby, for payment of the sum of £500, contained in a bond made by Robertson to Anderson, and whereto Anderson had made the said Abercromby assignee; the Lords found, that the bond could produce no action, because in effect it had but one witness inserted therein, and so it was null of the law, for there were only two witnesses inserted therein, whereof Anderson's self was one, and so he being made witness to the bond, conceived in his favours, (which the Lords found could not lawfully be) and there being but another besides him, the bond was found to be as if it had contained only one witness, for he could not be respected as witness, and so the bond was found null; which decision differs not much from the decision immediately preceding here noted, that a notary might not be witness to his own deed,

Clerk, Hay. Durie, p. 315.