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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Katharine and Barbara Wallace v William Wallace. [1782] Hailes 912 (21 November 1782) URL: http://www.bailii.org/scot/cases/ScotCS/1782/Hailes020912-0592.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 WRIT.
Subject_3 A missive letter not holograph, containing an obligation of relief, is not a ground of action, though the subscription be judicially acknowledged.
Date: Katharine and Barbara Wallace
v.
William Wallace
21 November 1782 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IV. 109; Dict. 17,056.]
Braxfield. Writing is essential to cautionary obligations; and whenever writing is necessary, no acknowledgment of subscription will serve to supply legal imperfections in the deed.
President. The petitioner quotes many decisions; and it must be confessed that the Court wavered as to this point. But the later decisions support Lord Braxfield's opinion.
Hailes. Lord Coalston combated long that opinion; but at length, with great candour and propriety, he yielded.
On the 21st November 1782, “The Lords assoilyied;” adhering to Lord Braxfield's interlocutor.
For the petitioner, G. B. Hepburn.
The electronic version of the text was provided by the Scottish Council of Law Reporting
