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Scottish Court of Session Decisions >>
Stewart of Rossyth v The Earl of Annandale. [1688] 3 Brn 682 (17 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030682-1054.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 17 July 1688
Stewart of Rossyth v. The Earl of Annandale
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Stewart of Rossyth pursuing the Earl of Annandale for a cautionry of his father's for the Earl of Home; and, to prove payment of the bygone annualrents, Annandale producing a fitted account, it was alleged,—The account related to two bonds wherein Annandale's father was bound; and so the article could not be totally defalked off this bond now pursued on.
The Lords, in regard the other bond could not be produced, to know what sum it contained, they made them equal, and ascribed the half to this bond, on the presumption of law, that, where a thing is indefinite, it reserves into an equality.
