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John Floyd and Bridget Turne v Anderson, and other Tenants to the Duke of Lennox. [1663] 2 Brn 322 (8 December 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Brn020322-0610.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
John Floyd and Bridget Turne v. Anderson, and other Tenants to the Duke of Lennox
Date: 8 December 1663
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In anno 1645, James, Duke of Lennox, binds and obliges him to pay to Mr. David Buchanan the sum of 1000 merks. This bond Mr. David assigns over to Mr. William Buchanane; which Mr. William, by his translation, dispones the same to John Floyd, gentleman in the city of London, and Bridget Turne, relict, and executrix confirmed to the deceased Jo. Turne; and in their name, and his own, as factor, registrates the bond, and thereupon raises letters of horning, poinding, and arrestment, against the Duke's tenants within his barony of Kilmarnock, to pay to him and them their maills, farms, and duties, aye and while he be completely satisfied of the said bond; summons each of them for 1000 merks, less or more. This charge they suspend, because, 1mo, For null defence, and not compearance, never having been summoned; 2do, Because charged for 1000 merks the piece, whereas some of them pay not 40 merks Scots; 3tio, The time of the arrestment, (which was in 1661,) they were not liable in payment of their farms and duties to Charles, now Duke of Lennox, because not then entered heir; but they paid them to Mr. Lo. Cochrane, as factor for the executors of this Duke of Lennox his predecessor, and obtained his discharge thereon, which at the discussing of the suspension they proffer to produce. At the calling of the suspension, there is produced for the charger the bond, with the assignations and translations thereof; item, the letters of horning and arrestment, duly executed, raised thereupon. All which, with the reasons of suspension, being ripely considered by the Lords, they find the letters orderly proceeded, aye and while the said tenants make payment of the sums arrested in their hands by the pursuer, as far as will satisfy the debt acclaimed.
Act Sir George Lockhart.Alt Suspender, Sir Thomas Wallace.
Signet MS. No. 25, folio 9.
