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Scottish Court of Session Decisions >>
Sir George Hamilton v William Dundas of Airth and his Lady. [1710] Mor 3153 (20 June 1710)
URL: http://www.bailii.org/scot/cases/ScotCS/1710/Mor0803153-007.html Cite as:
[1710] Mor 3153
Sir George Hamilton v. William Dundas of Airth and his Lady
Date: 20 June 1710 Case No. No 7.
A person was bound to produce an adjudication on a third party's estate by a precise day, under a penalty, over and above performance. Having made diligent search for it, he was found liable in the sums only which were lost by the want of it.
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The Laird and Lady Airth having assigned to Sir George Hamilton several debts due to them by Alexander Hamilton of Grange, particularly an adjudication led upon the estate of Grange in February 1678, in so far as might be extended to 19,000 merks owing by them to Sir George; and Airth having obliged himself and his heirs to deliver the adjudication betwixt and a certain day, under a penalty, by and attour performance; and being charged by Sir George upon the said obligement, to deliver the adjudication; he suspended upon this reason, That they had made all possible search for the adjudication, and could not find it, and the charger could ask no more than damnum et interesse loco facti imprestabilis.
The Lords found the suspenders liable only for damage and interest, in so far as the charger's right to the sums in the adjudication, might have been effectual against the estate of Grange, had the adjudication been delivered in due time.
