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Sir David Sibbald of Rankeillor v Sir Andrew Bruce of Earleshall, and Andrew Bruce, his Son. [1664] 2 Brn 361 (16 January 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Brn020361-0634.html Cite as:
[1664] 2 Brn 361
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Sir David Sibbald of Rankeillor v. Sir Andrew Bruce of Earleshall, and Andrew Bruce, his Son
Date: 16 January 1664
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Sir Andrew Bruce of Earleshall, and Andrew Bruce fiar thereof, his son, by their bond in 1659, oblige them to pay to Sir David Sibbald of Rankeillor, the sum of 1262 merks money. In 1663, he obtains decreet against them, decerning them to pay the same. On this decreet he now charges them with horning; which they suspend on this reason, that since the obtaining the said decreet, Sir David has become debtor to the said Andrew Bruce younger, in a sum near equivalent, in so far as Sir David by his bond to Jo. Boyde, bailie in Edinburgh, obliges him to pay to him and his the sum of L.663, with L.80 of penalty, &c.: which bond Jo. Boyd has assigned to the said Andrew; who thereupon craves compensation and retention in his own hands; and so the letters must be suspended. At the calling of this suspension, there is produced for the suspender the bond granted to Jo. Boyde, with the assignation thereof made to him. There is produced for the charger his decreet with the bond whereupon it proceeded, with the letters of horning raised on the same.
All which being heard, seen, and considered by the said Lords, they compense the said L.663 with the said sum of 1262 [merks] charged for; as also the annualrents of the one with the other. But will not sustain compensation of the penalty of L.80, contained in the said bond of L.663 compensed with, in respect, the charger has been oft suspended in this matter, and the suspender's assignation to the said bond is since pronouncing the decreet charged on; so that they suspend the letters as to the said sum of L.663; but find them orderly proceeded, and so ordain them to be put in farther execution for L.330, as being contained in the said decreet, by and attour what is compensed.
Act. Suspender, Mr. Ja. Cheape.Alt. Mr. David Balfour.
Signet MS. No. 79, folio 30.
