Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn010602-1517.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kincaid v Viscount of Kenmore. [1699] 1 Brn 602 (9 December 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1699/Brn010602-1517.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Kincaid
v.
Viscount of Kenmore
9 December 1669 Click here to view a pdf copy of this documet : PDF Copy
The Viscount being charged upon his bond, to make payment of 700 and odd merks, did Suspend, upon this reason;—That the bond was qualified,—viz. That he was only obliged to give surety for payment thereof out of the money due by him to his father, who was principally bound to the charger; whereas it could not be instructed that he was debtor to his father; but, on the contrary, he produced the contract of wadset, whereby it appeared that he had lent a greater sum to his father nor the said wadset.
The Lords, notwithstanding, found the letters orderly proceeded; and found it sufficient that the Viscount had given bond, acknowledging that he was debtor to his father, and found necessarv to prove the same by his oath.
Page 86.
The electronic version of the text was provided by the Scottish Council of Law Reporting