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John Anderson of Dowhill v William Anderson. [1692] 4 Brn 14 (1 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040014-0029.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Anderson of Dowhill v. William Anderson
Date: 1 December 1692
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William Anderson, residenter at London, having given in a bill of suspension of a decreet-arbitral pronounced by two of the Lords of Session, to whom it was first referred, and then submitted, in favours of John Anderson of Dowhill, Provost of Glasgow, Alleging it was pronounced without the year, and he was grieved by it; and he being ordained to find caution, and offering a disposition in supplement, and his oath; the Lords refused to pass the bill, seeing the charger refused to discuss on the bill, alleging when he had a second decreet, he would be no nearer his payment, if he got no caution; and seeing the said William had medio tempore disponed all his effects to one Brand, who refused to be cautioner for him.
Some of the Lords inclined to pass the bill, on his finding caution thus far, to refund all the expenses Dowhill either has or shall be at in the discussing, and he giving his oath that his disposition was not fraudulent, but necessary and onerous: and the Lords being equally divided on this, the President's vote carried that the bill of suspension should be refused, unless he simply found caution for the whole sums decerned.
