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Scottish Court of Session Decisions >>
Fountain v Maxwell. [1667] Mor 3978 (5 December 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor1003978-022.html Cite as:
[1667] Mor 3978
An intromitter with writs found answerable for them.
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Albeit the Lords are tender in exhibition of writs, unless it be proven, that the defenders had the same the time of the intenting of the cause; or had fraudfully put the samen away before, which is difficilis probationis; yet, in an exhibition at the instance of ————Fountain against Maxwell of Nethergate, they decerned to exhibit, albeit it was not proven that the defender had the writs, at, or since the intenting of the cause; in respect it was proven, the defender had meddled with the writs being in a charter chest, and had offered to transact concerning the same, and so was presumed to have put them away fraudulently; there being a great difference betwixt a transient having of writs, and a downright meddling and intromission; which, being proven, though it be before the intenting of the exhibition, doth oblige the intromitter to be answerable for the same.
