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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Dumbaith v Lyell of Murthill. [1628] 1 Brn 272 (4 December 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010272-0685.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Laird of Dumbaith
v.
Lyell of Murthill
4 December 1628 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Dumbaith, and some other cautioners for Lyell of Murthill, having paid the sums to the creditors, for the which they were cautioners, charge the Laird of Murthill, at the instance of the creditors. He suspends, alleging, He could not be charged at the instance of the creditors; because his cautioners had made payment to the creditors; and seeing there was neither an assignation nor discharge produced by the cautioners, and that he had repaid to them the best part of the debt, he could not be charged at the instance of the said creditors. The Lords found the letters orderly proceeded, for so much as the cautioners had not gotten for their relief; but ordained the cautioners to produce an assignation or discharge.
Page 42.
The electronic version of the text was provided by the Scottish Council of Law Reporting
