Requirements of writing

Question 1

Creditors of Sir James Stamfield v The Children of James Scot of Bristo

Answer 1

1. On the last Saturday of November in 1687, Sir James Stamfield left his house in Edinburgh’s High Street, which was built on the site of what is now the World’s End pub
2. His destination was his country estate in East Lothian, and he was accompanied by a friend, the Rev John Bell
3. Before departing, Sir James signed an assignation of his share of a cloth-manufactory and left the assignation lying on a table
4. The travellers arrived safely, but in the course of the night Mr Bell was woken up by the sounds of shouting
5. Assuming evil spirits to be responsible, he went back to sleep
6. The next morning Sir James’ corpse was found floating in a nearby river
7. It was held that the assignation, although signed, had not been delivered to its grantee and hence was of no legal effect