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Congalton of Scaitsbuss v Butler of Harpendean. [1687] 3 Brn 604 (14 January 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030604-0926.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 14 January 1687
Congalton of Scaitsbuss v. Butler of Harpendean
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The case of Congalton of Scaitsbuss against Butler of Harpendean, was advised. He was pursuing for 5000 merks of his wife's tocher. Alleged,—1mo, The pursuer had, by a paper, restricted it to 4000 merks. 2do, In payment of part, he had taken an assignation to some victual; and referred both to oath. Scaitsbuss deponed to the first, he gave a declaration, in 1681, that if, within a year, they paid him 4000 merks, he should accept it; and being put in Hepburn of Beinston's hand, and not fulfilled, he, four years after, gave it him back, and he cancelled it.
Alleged,—This was pactum legis commissoriæ, and still purgeable for 4000 merks.
The Lords refused to restrict him: but, as to the second, of the victual, they ordained him to be reëxamined, whether it was for this debt or another. See the like decided in Stair, 20th February 1680, Jameson.
