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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Executors of Combrie v Thomas Rennie. [1649] 1 Brn 403 (3 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010403-1067.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: The Executors of Combrie
v.
Thomas Rennie
3 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action pursued by the executors of Combrie against Thomas Rennie, the exception upon a discharge, given within a few days after the date of his bond, suppose before the day of payment, pecunia jam representata, suppose not the whole; was found relevant, albeit the said discharge did not say in satisfaction of the said bond: except the pursuer would reply that the defender was debitor aliunde: et debitori licet solutum imputare in duriorem sortem; as rather to pay a bond bearing annualrent than one without the same or account; but here payment was advanced before the day. The Lords would have had the discharge produced; but the man that had it was said to be out of the country; and so a day was assigned, reserving all contra producenda.
Page 33.
The electronic version of the text was provided by the Scottish Council of Law Reporting
