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Sir George Skeen of Fintry, v Cushny, and Bannerman of Elsick. [1693] 4 Brn 45 (12 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040045-0100.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir George Skeen of Fintry, v. Cushny, and Bannerman of Elsick
Date: 12 January 1693
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Sir George Skeen of Fintry, late provost of Aberdeen, against Cushny, and Bannerman of Elsick. The Lords found the registration of a bond, without a charge of horning, a sufficient distress whereon a cautioner might pay; and that it was included in the nature of relief only to be relieved in quantum they have actually paid, and no farther. But here it being questioned, how the eases should be proved against Sir George, a singular successor, the Lords thought, seeing he derived his right from Robslaw, the common debtor's brother-in-law, and so was obliged to know, that his author's right flowed a conjuncta persona, they, ex officio, ordained the cautioners, his authors, to be examined on the eases they got, and what they actually paid, and that in presence of the creditors; for the Lords found they could not examine both, and that it was safer to take the cedent's oath than the creditors here.
