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Scottish Court of Session Decisions >>
Earl of Southesk and Carnegy v Broomhall. [1663] Mor 1806 (12 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor0501806-002.html Cite as:
[1663] Mor 1806
A bond of presentation found implemented, tho' the debtor was not produced till a day after the time appointed, which being modica mora, was not regarded, unless the creditor could instruct some detriment by the delay.
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Broomhall having taken the Lord Sinclair with caption, Southesk and his son gave bond to produce him to the messengers, or to pay the sum on the third of February, betwixt two and ten; where upon Southesk having re-produced him, craved by supplication his bond up, or to be declared satisfied and extinct.—The defender answered, first, He not being a member, or dependent on the College of Justice, cannot be called thus summarily; especially to declare a bond void, which is in effect a reduction, 2dly, The bond was not performed, in so far as the Lord Sinclair was not re-produced till the 4th es February.— The pursuer answered, That the defender living in Edinburgh, and not compearing, the bill, per modum quærelæ, might be sustained. To the second, it being modica mora of one day, without damage to the defender, and there being trysting amongst the parties all the time betwixt, it was sufficient.
The Lords sustained the petition, and found it extinct.
