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Hepburn v Kirkwood. [1686] Mor 5650 (6 January 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor1405650-032.html Cite as:
[1686] Mor 5650
Of facts inferring knowledge of, and consent to the right challenged. Effect of consent where the right is not known. Effect of legal steps passing of course. Effect of minority. Effect of payment.
Hepburn v. Kirkwood
Date: 6 January 1686 Case No. No 32.
Subscribing witness held to infer consent. See No 26. p. 5646.
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Esther Hepburn, relict of Patrick Cunningham apothecary, pursues Margaret Kirkwood, spouse to Lindsay of Evelick, upon her ticket of 200 merks for the skaith the said Patrick suffered in 1681, when her son James Douglas put fire in Harry Graham's chamber. Alleged, The ticket is null, being granted by a wife vestita viro. Answered, The husband must be liable, because he is subscribing as witness, and it is a short ticket of seven lines only, and so he could not be ignorant of the substance of it. This being reported, “the Lords found his subscription as witness in this case as equivalent to a consent.”
Fol. Dic. v. 1. p. 379. Fountainhall, v. 1. p. 389.
