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Scottish Court of Session Decisions >>
William Coupland of Collistoun v William Carruthers Chirurgion. [1708] Mor 6770 (25 June 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor1606770-201.html Cite as:
[1708] Mor 6770
William Coupland of Collistoun v. William Carruthers Chirurgion
Date: 25 June 1708 Case No. No 201.
In a competition, between adjudgers for mails and duties, the one suffered the term for improving a discharge to be circumduced against the other. The common debtor, notwithstanding, found entitled to appear and abide by it.
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In a competition for the mails and duties of Brakenwhat, betwixt William Coupland and William Carruthers adjudgers thereof, the latter craved preference upon this ground, That the debt for which Coupland had adjudged was satisfied in whole or in part, before the leading of his adjudication. Carruthers, for proving thereof, recovered by a diligence a discharge of the debt, which Coupland offered to improve, and Carruthers was ordained to abide by sub periculo falsi; after Carruthers had suffered the term to be circumduced against him, for not abiding by, the Lords admitted James Carlyle of Brakenwhat compearing for his interest, and proponing payment upon the discharge, to abide by the verity thereof, and ordained Coupland to consign his L. 40, in respect no collusion betwixt Carruthers and Coupland could prejudice or debar James Carlyle from extinguishing his creditor's debt, and abiding by the verity of the instruction thereof; albeit it was alleged for Coupland, That in all improbations the user of the writ must abide by it, June 16. 1675, Lady Logie contra Meldrum, No 179. p. 6756., since otherwise the effect of an improbation might easily be elided by shifting suspected writs from hand to hand; besides, James Carlyle is an insolvent person.
