BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Mr William Stevenson v Sir John Cochran. [1694] 4 Brn 198 (20 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040198-0443.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr William Stevenson v. Sir John Cochran
Date: 20 July 1694
Click here to view a pdf copy of this documet : PDF Copy
Mr William Stevenson against Sir John Cochran, for declaring a bond extinct, because it was granted by him to Sir John, as superior of his land, blank in the sum, and he had not filled it up within year and day; and so it expired, as all submissions do, where no decreet-arbitral nor determination follows within the year.
Answered,—Though it was a reference and submission quoad the sum to be filled up, yet it could not be reputed a submission as to the effect of expiring within year and day.
The Lords thought it not of the nature of an ordinary submission; but, in regard it was an irregular power, they named some of their number tanquam arbitri et boni viri, at whose sight Sir John should fill it up with a moderate sum.
