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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Stewart of Aldhame v The Tutor of Grant. [1669] 1 Brn 591 (3 July 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010591-1497.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: George Stewart of Aldhame
v.
The Tutor of Grant
3 July 1669 Click here to view a pdf copy of this documet : PDF Copy
The tutor being charged upon a bond granted to the said George for £300
of bygone pensions, due to him by the Laird of Grant, did suspend, upon this reason:—That the bond was affected with a condition, That, in case he should offer a discharge of the pension to Grant's curators, and in case of refusal to return the same before a certain day, he should be liberated; and accordingly subsumed, that, within a month after the day, he did return the same; and gave that reason, That the charger had no written pension of the Laird of Grant; without which the curators could not allow the same. The Lords, notwithstanding, found the letters orderly proceeded for the principal sum; seeing he did not instruct any diligence, that he had offered the same to the curators debito tempore; and that Grant himself, by a letter, did acknowledge the service; and that the pension had been paid by his father many years; and that the service and employment had been continued: but they suspended for the annualrent, in respect the tutor could get no relief of Grant and his curators.
Page 61.
The electronic version of the text was provided by the Scottish Council of Law Reporting
