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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laird of Or and Cuninghame v Porterfeild. [1649] 1 Brn 406 (5 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010406-1080.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Laird of Or and Cuninghame
v.
Porterfeild
5 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the exhibition, Laird of Or and Cuninghame against Porterfeild, for a contract of marriage, containing a tailyie, impignorated by the said Cuninghame to the said Porterfeild for the sum of 500 merks, borrowed from Porterfeild his son, to whom he was caution for the said Cuninghame; and likewise for count and reckoning of some maills of lands possessed precario by the said Cuninghame through Porterfeild his favour, or else for reporting a discharge of the same to Porterfeild from the heir-male served and retoured. To that exception it was replied, That he being the heir-male apparent, by that same contract, it was impossible to him to fulfil the said conditions, except he got up that contract. It was duplied, What then shall be for my surety? The Lords thought fitting that contract should be given up, for the day of the service, and surety found for redelivery of it unregistrat.
Page 39.
The electronic version of the text was provided by the Scottish Council of Law Reporting
