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Scottish Court of Session Decisions >>
Carmichel of Bonyngton v William Baillie of Lamington. [1697] 4 Brn 354 (19 January 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040354-0745.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Carmichel of Bonyngton v. William Baillie of Lamington
Date: 19 January 1697
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I also reported Carmichel of Bonyngton against William Baillie of Lamington; who, being charged on his bond of corroboration, suspended, that he ought to have an assignation to the first original bond granted by his curators, because it proceeded on a narrative that it was borrowed to pay a debt of his grandfather's to Mr Watson, which debt cannot be made appear; and he consigned it on that condition in Mr William Hamilton's hands, then Bonyngton's factor; which he offered to prove by his oath, or by his accounts given in to Bonyngton.
Answered,—No such probation can be taken against his bond; neither can he be obliged to assign in prejudice of those whom Lamington is bound to relieve.
The Lords found Bonyngton had no prejudice to assign; and reserved all Lamington's curators' defences against him, when he should insist on the assignation.
