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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scot v Scot of Thirlstoun. [1670] 1 Brn 611 (22 February 1670) URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn010611-1535.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Scot
v.
Scot of Thirlstoun
22 February 1670 Click here to view a pdf copy of this documet : PDF Copy
Sir Francis Scot of Thirlstoun being pursued, as heir to his father, for payment of 1000 merks, upon this ground, That his father, to whom he was heir, did attest a cautioner in a suspension, who was altogether insufficient, and is now bankrupt: It was alleged for the defender, That the cautioner was tentus et reputatus, sufficient and responsible for the time; in so far, that he offered to prove that he had a room stocked with his own goods, which paid 600 merks of tack-duty.
To this it was replied, That the defender's father, who did attest the cautioner, could not but know that he was insufficient; because he was his own chamberlain, or officer; and was debtor to him in considerable sums of money, near the worth of the goods he had in stock.
The Lords did sustain the reply to elide the defence; albeit it is sufficient to liberate the attestor, to condescend that the cautioner whom he attests has a visible estate: but here the knowledge of the debts did make a specialty.
Page 108.
The electronic version of the text was provided by the Scottish Council of Law Reporting
