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Scottish Court of Session Decisions >>
William Stewart, Writer in Edinburgh, v Sir Andrew Agnew of Lochnaw, Sheriff of Galloway. [1693] 4 Brn 105 (20 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040105-0245.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Stewart, Writer in Edinburgh, v. Sir Andrew Agnew of Lochnaw, Sheriff of Galloway
Date: 20 December 1693
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The Lords found, there was no reason to cause Sir Andrew pay any part of the sums contained in the decreet-arbitral, till Agnew of Galdinoch, the charger's cedent, did implement and fulfil his part of the decreet-arbitral, by giving Sir Andrew a general discharge of the tutor-accounts, and of all his claims, ex cept only the said sum of 5000 merks, decerned to him in full thereof; for this were to draw the money out of Sir Andrew's hands, and yet leave him to the hazard of Galdinoch's quarrelling the said decreet-arbitral, who assigned Stewart in general to the count and reckoning, but did not homologate the decreet-arbitral. And, though it was not conceived conditionally, and the one made the cause of the other, yet the Lords thought it was implied; and, therefore, found the letters orderly proceeded; the charger obtaining his cedent's general discharge to Sir Andrew, of all clags and claims he had to lay to his charge, except the sum decerned in the said decreet-arbitral.
