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Scottish Court of Session Decisions >>
James Lawson v Mary Lindsay, relict of James Cunynghame of Newhouses. [1665] 2 Brn 407 (15 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020407-0667.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
James Lawson v. Mary Lindsay, relict of James Cunynghame of Newhouses
Date: 15 February 1665
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James Cunynghame of Newhouses, obliges him by bond in 1638, to pay to Alexander Job, his tenant, L.100. Item, in 1658, he grants bond to James Lawson in Templelands, for 200 merks. This James procures an assignation from the oys and executors of the said Alexander Job to the L.100 bond, and so pursues Mary Lindsay, relict of the said Ja. Cuningham, and executrix, confirmed to him, for payment-making to him of the said sums contained in the said two bonds.
It is alleged for her, that no process can be sustained against her for the L.100 in Alexander Job's bond, because granted before the act of Parliament 1641; and, therefore, till an heir be served and retoured to him, the pursuer can have no interest thereto.
Whereto it was answered for the pursuer, that he insisted not pro loco et tempore for the said principal sum while the heir were served, but craved sentence for the annualrents thereof preceding Job's decease.
Whereunto it was replied for the defender, that she must be assoilyied from the annual-rent, as also from the other bond, because offers to prove paid.
This the Lords found relevant, to be proven scripto: a day is assigned for that effect: her procurators failed, so that the term was circumduced against her, and she decerned her to pay the annualrents of the first bond, with the principal sum and annualrents owing of the other.
Act. Mr. Thomas Lermonth.Alt. Mr. Jo. Cunynghame.
Signet MS. No. 65, folio 61.
