Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Jo Broun
v.
Margaret Taitt, Relict of Thomas Burn, and Margaret Taitt, her Mother

Date: 18 February 1665

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Margaret Taitt, relict of Thomas Burn Candlemaker in Edinburgh, and Margaret Taitt, widow, her mother, as cautioner, in 1662 grant bond to Pat. Broun fletcher, for 1700 merks. Pat. assigns his brother, Jo. Broun merchant, to this bond; and he dying within four days after the assignation, Jo. charges with horning, denounces, registrates, raises letters of caption, takes them and imprisons them. They suspend, 1mo. Because prove 700 merks of it paid by discharges produced. 2do, Consign 300 merks in the clerk of the bills his hands to be given up to them. Deny the remanent of the debt. 3tio, The assignation was not intimate till after Pat. his decease; and, therefore, Jo: unwarrantably charged with horning, and then raised caption; since the most he could have done in that case, was to raise a summons against the suspenders to hear and see themselves decerned to pay, &c. wherein they would have had liberty to propone all their lawful defences.

The Lords suspend for the sum instructed paid by the discharges; item, For the sum consigned. Find them orderly proceeded for the rest.

Suspender, Abernethy. Alt. James Broun. Signet MS. No. 88, folio 64.