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Scottish Court of Session Decisions >>
James Halyburton of Foderance, v Mr James Cook, of Ardlair. [1711] Mor 11528 (26 July 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor2711528-204.html
Payment being made, who understood to have advanced the Money.
James Halyburton of Foderance, v. Mr James Cook, of Ardlair
Date: 26 July 1711 Case No. No 204.
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At discussing the suspension of a charge at the instance of Foderance against Mr James Cook, for payment of the remains of a bond of 33,50 merks, granted by the latter to the former; Mr Cook, the suspender, having, conform to agreement with the charger, paid three debts to his creditors, and retirad discharges thereof in the charger's name; the Lords found, That the discharges bearing that payment was received from Foderance could not be allowed to the suspender in part of payment of the sum charged for, unless he prove by writ or oath of the charger, that payment was made by the suspender out of his own effects; albeit the discharges were still in the suspender's hands, undelivered to the charger; for he the charger could force these discharges as his own evidents from the suspender by an exhibition, Stair, B 4. T. 6. See No 17. p. 9994.
