Scottish Court of Session Decisions

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

Anent Bonds of Presentation

Date: 30 June 1670

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One being charged on a bond wherein he was bound either to sist another at such a day, or to pay such a sum, nomine pænæ; he suspends that he must be liberate from that bond, (though in the same he seemed to renounce omnibus casibus fortuitis,) because he offers him to prove that the party whom he should have sisted, was sick of a fever, and not able to come out of a bed at the time, and none is tied to things impossible. This was found relevant.

Vide infra No. 58, July 2, 1670.

Act. M'Kenzie. Alt. Lockart. Advocates' MS. No. 47, folio 77.