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Scottish Court of Session Decisions >>
James Dumbar of Mochrum v Robert M'Dougall of Logan. [1692] 4 Brn 34 (23 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040034-0069.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Dumbar of Mochrum v. Robert M'Dougall of Logan
Date: 23 December 1692
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James Dumbar of Mochrum against Robert M'Dougall of Logan. The Lords, before answer, whether they would repone Logan to his oath, being holden as confessed in the exhibition, ordained the writer and witnesses of the disposition made by Andrew Dumbar to Logan, to be examined on the tenor of it; whether the cause for which it was granted was for payment of the debt, wherein the said Andrew, as principal, and Mochrum and Logan, as cautioners, were bound to the Earl of Galloway: for the Lords did not regard the declaration and discharge given by Alexander Dumbar to Logan ex post facto, being then bankrupt; and it looked very suspected, that Logan produced neither the principal, nor copy of that disposition; so that he had misapplied the price and effects he got to pay the Earl of Galloway's debt, towards the payment of other cautionaries wherein he also stood engaged for Alexander Dumbar.
