Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 18 March 1685

Daniel Thornton and William Gairden
v.
David Dinmuir

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Daniel Thornton and Mr William Gairden, minister of Edinburgh, give in a complaint against Mr David Dinmuir, advocate, bearing, that he, being procurator for the said Daniel's children, made a transaction for them with Forbes of Ballogie and Mr Gairden, about Doctor Maul's money, and yet took the bond of 1600 merks only in name of one of the daughters, whereas they had all a like share and interest; and afterwards took an assignation thereto from her: which looked like pactum de quota litis, and endangered Mr Gairden to pay it twice, both to him and to the other children.

The Lords allowed them to turn their bill into a declarator that the money belonged to the whole bairns; and having, ex officio, examined witnesses thereon, they found Mr David could not have right to the whole, but only to his cedent's share and proportion of the sum.

Vol. I. Page 355.