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Scottish Court of Session Decisions >>
The Laird of Lochinvar v Drumlanrig. [1628] Mor 16149 (30 January 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3716149-007.html Cite as:
[1628] Mor 16149
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The Laird of Lochinvar being obliged to pay 5000 merks to Drumlanrig for my Lord Harris' debt, brought in this sum to Edinburgh to be given to Drumlanrig. David Mitchel, another of my Lord Harris' creditors, arrests this, sum in Lochinvar's hand before he delivered it to Drumlanrig; whereupon he consigned the money, and raised a suspension of double poinding. This suspension being reasoned, Drumlanrig got up the money, and gave his bond to make it forthcoming to any having best right thereafter. Not long after he craved to have his bond up again. The Lords found, that he behoved first, (because Lochinvar was dead) to make some body represent him before he could get process, and that he might make any body compear for the defunct's heir or executor and subire litem.
