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Scottish Court of Session Decisions >>
Sir James Douglas of Kilhead v Andrew Martin. [1692] 4 Brn 3 (17 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040003-0007.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir James Douglas of Kilhead v. Andrew Martin
Date: 17 November 1692
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Sir James Douglas of Kilhead, having charged Captain Andrew Martin, merchant in Edinburgh, to fulfil a minute, whereby he was to pay L.40,000 Scots for the lands of Pilrig; and he suspending, that the minute was imprestable for want of a sufficient progress and security of the lands, and so null. The question arose, if the bill of suspension should pass without caution, seeing the charger refused to dismiss it summarily, desiring rather to let it pass, he getting caution for the price of the land; and the other contending, the term of his payment was not till Whitsunday next, and so he could not be obliged to find caution before the term for so great a sum.
The Lords took a middle course, and ordained him to find caution for what was instantly prestable by him, viz. for extending the disposition; and for his entering to the possession of the lands, they ordained the present factor to continue and to be comptable to any who shall be found to have right to the rents in the event of discussing; but they thought the debate running on the nullity of the minute, it was both their interests to have it summarily determined.
