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Scottish Court of Session Decisions >>
James Cunningham v James Angus. [1688] 3 Brn 675 (6 June 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030675-1041.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 6 June 1688
James Cunningham v. James Angus
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The case of James Cunningham against James Angus was advised; and the Lords found Cunningham the charger's oath did not prove the reason of suspension referred thereto, anent the price of the tyle at two merks the gilder; and find the same proves not the second and third articles of the account referred to the charger's oath: And suspend the letters simpliciter, for the sum of L.18: 14s. Scots, as the price of the tyle brought home by the suspender, and L.24 Scots, contained in the precept produced: and find the letters orderly proceeded for the rest of the sums charged for, principal and annualrents: and suspend the letters simpliciter for the penalty. Angus reclaimed against this, alleging,—That the charger had deponed on sundry particulars not referred to his oath; and which needed not, seeing his acceptance of William Hay's precept did bind it on him; so that he cannot now return it back upon Angus.
