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David Kay v Richard Howison. [1696] 4 Brn 321 (17 June 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040321-0688.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
David Kay v. Richard Howison
Date: 17 June 1696
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On a bill given in by David Kay, against Richard Howison, brewer in the Potterrow, representing, That, being incarcerated for £36, he was starving, and therefore the pursuer should either liberate or aliment him;—the Lords found, The only case where they obliged creditors to aliment was where they opposed the debtor's coming out on a cessio bonorum. But here there was none raised; yet, the sum being small, they recommended to two of their number to treat with the creditor to give an ease, and to pay what should be agreed on furth of the funds of the poors' money for relieving prisoners for small debts.
