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Scottish Court of Session Decisions >>
Fotheringham and Scrimzeour v Watson. [1623] Mor 16830 (00 January 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor3816830-039.html
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In an action pursued by —— Fotheringham and——Scrimzeour of Kirktoun her spouse, against one Watson, for payment of the sum of 200 merks, conform to his obligation, the Lords found the obligation null, because it was not subscribed by two notaries and four witnesses, conform to the act of Parliament, act 80. Parl. 6, James VI. in anno 1579; and found that any thing exceeding £ 100, of whatsomever quality the parties were, whether poor or rich, was to be reputed a matter of great importance, and came under the act of Parliament; and so this obligation, to produce no action, albeit it was subscribed by two notaries and three witnesses.
Durie, p. 43.*** Haddington reports this case:
In an action betwixt Fotheringham, daughter to Mr. James Fotheringham, and Watson, Watt, and others, his cautioners, the Lords found a bond of 200 merks subscribed by two notaries and three witnesses null by way of exception, because the act of Parliament requires two notaries and four witnesses necessary in matters of importance; and so found 200 merks a matter of importance.
