Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. IV.

Payment and Consignation how relevant to be proved.

Trustee for Rae's Creditors
v.
Gordon

Date: 21 June 1794
Case No. No 158.

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A debtor, during the dependence of an action, being appointed to consign in the hands of the clerk of the Court; it was afterwards disputed, how far this order had been obeyed; and the debtor contended, That he had consigned a part, which he offered to prove by witnesses, and had retained the rest in satisfaction of a counter-claim. Pleaded in objection, That consignation is a judicial act which can be proved only by the records of Court; and, at any rate, a parole proof of payment is incompetent in so far as the sum exceeds L. 100 Scots. The Lords found the proof by parole evidence was competent.

Fol. Dic. v. 4. p. 159. Fac. Col.

***This case is No 5. p. 3078. voce Consignation.