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John Clerk v Bessy M'Kitrick. [1692] 4 Brn 24 (14 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040024-0049.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Clerk v. Bessy M'Kitrick
Date: 14 December 1692
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John Clerk, writer, against Bessy M'Kitrick. The Lords considered that it seemed her usage had been very bad when in prison, and kept in the woman-house with the malefactors, where no jailor-fee uses to be exacted; and that he had suffered a protestation to pass against himself, though a writer, and did not advert to discuss the suspension; so there was grounds of suspicion of his colluding; yet they found it could not be taken away but by his own oath, that he knew the cause of this bond, wherein he was engaged for her as cautioner, was for jailor-fees, and that it was extorted, and that there was either none or less due, and that he colluded, and had not paid the sum, but was labouring to cast the whole debt upon her.
