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Scottish Court of Session Decisions >>
Alexander Ettershanks and John Archbald v The Earl of Haddington. [1665] 2 Brn 378 (21 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020378-0650.html Cite as:
[1665] 2 Brn 378
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Alexander Ettershanks and John Archbald v. The Earl of Haddington
Date: 21 January 1665
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William Gray, by his bond in 1660, obliges him to pay to Alexander Ettershanks, cooper in Aberdeen, L.380. The same William, by another bond in 1654, obliges him to pay to John Archbald, burgess there, the sum of L.248. William deceases, bastard. The Earl of Haddington gets the gift of his bastardy, as before ye have seen in the decreet, Gray contra the Earl of Haddington, 20th January, 1665. Him, therefore, thir two creditors pursue, as liable in payment of his debts; item, as come in vice and place of the said deceased William Gray, and so obliged to perform his deeds and obligements, sicklike and in the same manner as if he had been executor confirmed, or heir served and retoured to him. For instructing the summons there is produced the said two bonds, both of them allowed and recorded in the Exchequer.
It was alleged for the defender,—1mo, No process, because all parties having interest are not called; videlicet, the principal Treasurer, and his deputes.
To this it was answered,—That they opponed the executions wherein they were called.
2do, Alleged that the donatar was not obliged to pay debt. 3tio, That the defender had granted a bond to the Exchequer already. 4to, That the most he could be obliged to do was to denude himself of so much of William Gray's estate, as would satisfy the said two debts.
To thir it was answered, as you will find in the forecited decreet, Gray against Earl of Haddington.
The Lords decerned the Earl to make payment as ye have there.
Act. Mr. William Moir.Alt. Ja. Chalmers.
Signet MS. No. 18, folio 43.
