Young v. Paton and Others [1909] ScotLR 78 (25 November 1909)

Young v. Paton and Others [1909] ScotLR 78 (25 November 1909)

The pursuer proved that neither she nor her husband signed the bond in the presence of the instrumentary witnesses or acknowledged their signatures to them; thus, the bond was not duly and validly executed.

Citation
[1909] ScotLR 78
Parties
Pursuer: Mrs Lillias Ballantyne Garroway or Young; Pursuer: James Young; Defender: James Paton; Defender: James Bone; Defender: Robert Yorston
Jurisdiction
Scotland
Judgment Date
25 November 1909
Procedural Posture
Reduction of Bond and Disposition in Security / Appeal/reclaiming Motion After Proof
Outcome
Interlocutor of Lord Ordinary recalled; findings made that bond was not validly executed; cause remitted for further proceedings on delivery and fraud.
Legal Topics
Execution of Deeds, Attestation, Onus of Proof, Delivery of Deeds, Fraud
Property Law Evidence Law Execution of Deeds Attestation Onus of Proof Delivery of Deeds Fraud

Case Brief

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Parties

Mrs Lillias Ballantyne Garroway or Young

Pursuer

James Young

Pursuer

James Paton

Defender

James Bone

Defender

Robert Yorston

Defender

Procedural Posture

Reduction of Bond and Disposition in Security / Appeal/reclaiming Motion After Proof

Legal Issues

  1. 1 Whether the bond and disposition in security was validly executed in accordance with legal requirements
  2. 2 Whether the pursuer discharged the onus of proving invalid execution
  3. 3 Whether the pursuer is entitled to proof on delivery and fraud

Ratio Decidendi

The pursuer proved that neither she nor her husband signed the bond in the presence of the instrumentary witnesses or acknowledged their signatures to them; thus, the bond was not duly and validly executed.

Court Disposition

Interlocutor of Lord Ordinary recalled; findings made that bond was not validly executed; cause remitted for further proceedings on delivery and fraud.

Orders

  • Recall interlocutor of Lord Ordinary.
  • Find bond and disposition in security not signed in presence of instrumentary witnesses nor acknowledged.