Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1631/Brn010327-0864.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anna Stewart v The Laird of Leys. [1631] 1 Brn 327 (2 July 1631) URL: http://www.bailii.org/scot/cases/ScotCS/1631/Brn010327-0864.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Anna Stewart
v.
The Laird of Leys
2 July 1631 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Leys is pursued, as cautioner for umquhile Andrew Crawfoord of Beadland, by Anna Stewart, daughter to James Stewart of Flook, for payment to her of 1000 merks, by virtue of a bond made to umquhile James, her father, and, failyieing of him by decease, to the said Anna, his daughter, in anno 1620. It is alleged by the cautioner, That this sum must be pursued by the defunct his executors, as pertaining to them, and not to the said Anna, as substitute, because the said umquhile James lived long after the term of payment contained in the said bond. Which many of the Lords thought relevant, notwithstanding of the former decision betwixt Murkland and Thomson; but there was no interlocutor decided in this last.
Page 147.
The electronic version of the text was provided by the Scottish Council of Law Reporting