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Scottish Court of Session Decisions >>
Ramsay v Blair. [1750] Mor 15131 (12 June 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor3415131-013.html Cite as:
[1750] Mor 15131
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Ramsay of Drumlochie being attainted for rebellion, in order to save something for his children, assigned to Blair, his brother-in-law, a bond due by the Earl Northesk. Blair granted discharge of this bond to the Earl, on the latter's granting him a new bond for the sum, and this new bond was assigned by Blair to Alexander Alison under backbond, declaring the assignation to be in trust for Ramsay's children. Alison recovering payment from the Earl, granted a bond of corroboration to Blair for behoof of the said children, of which bond Blair received payment from Alison. One of the children of Ramsay pursuing for her share of this money, the crown-officers receiving intelligence of the transaction, entered a claim for the whole sum in the bond. Blair urged in defence, That he could not be obliged to pay the same sum to both. The Lords decerned Blair to pay to the pursuer, notwithstanding of his being still liable to pay the whole sum to the crown.
