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Scottish Court of Session Decisions >>
James Cornwall of Bonhard v The Earl of Winton. [1685] 3 Brn 558 (28 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030558-0843.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 28 March 1685
James Cornwall of Bonhard v. The Earl of Winton
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James Cornwall of Bonhard having denounced and registrate the Earl of Winton at the horn, as cautioner for Sir Walter Seton in a contract of salt, and my Lord having paid the debt, Bonhard was content the horning should be taken out of the register; but George Robertson, the keeper, durst not give it back, lest the Clerk-register should take advantage of him for it; therefore Bonhard and Winton's advocate signed a bill to the Lords, to get their warrant to take out the horning, it being paid, and very recent; and the Register backed it.
Yet the Lords very circumspectly refused it, unless Bonhard deponed that he gave no warrant for the registration: which he did. And so the Lords recalled it as unwarrantable.
