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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Somervell v The Earl of Carnwath. [1669] 1 Brn 593 (10 July 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010593-1500.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Somervell
v.
The Earl of Carnwath
10 July 1669 Click here to view a pdf copy of this documet : PDF Copy
In this action, before-mentioned, Fullartoun having been examined, did declare, That the bond granted him by the Earl of Carnwath, was to the behoof of Somervell; and that accordingly he did assign the same:—Whereupon the Lords finding that bond to be prior to the back-bond granted by Somervell to the Earl, they inclined to decern that it was one of the bonds for which the Earl gave an assignation; unless Somervell would make it appear, and condescend upon other bonds due by the Earl, for which he granted a back-bond. But he condescending upon a bond of £100 sterling, which he alleged that he had delivered up to the Earl, when he got the assignation; They ordained, before answer, that he should prove, by the writer and witnesses, that there was such a bond; or, by the Earl-Chamberlain's, or his own oath, that it was delivered up.
Page 64.
The electronic version of the text was provided by the Scottish Council of Law Reporting
