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Scottish Court of Session Decisions >>
Lord Holyroodhouse and Sir Robert Stewart of Tillicultry, competing. [1743] Mor 695 (14 December 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor0200695-024.html Cite as:
[1743] Mor 695
Subject_1 ARRESTMENT. Subject_2 Upon what Debts Arrestment may be Founded.
Lord Holyroodhouse and Sir Robert Stewart of Tillicultry, competing
Date: 14 December 1743 Case No. No 24.
Arrestment found competent upon a bond of relief.
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Sir Robert Stewart, as creditor to Alexander Pitcairn, having arrested upon a bond of relief, conceived in the following terms: ‘That the said Pitcairn should relieve, harmless and skaithless keep, the said Sir Robert, from all payment of the sum; and, for that effect, he and his foresaids should be bound and obliged, either to pay the said principal sum to the creditor against Whitsunday 1738, and retire from him the said bond, &c. or otherways to pay the said sum to Sir Robert against the said term, with a penalty in case of failzie, to the effect Sir Robert might pay the sum and relieve himself thereof.’ And Lord Holyroodhouse having, as a creditor to Pitcairn, thereafter arrested upon a bond of borrowed money, Sir Robert was preferred upon his prior arrestment, in respect of the clause in the bond of relief, obliging the debtor to pay to Sir Robert the cautioner, at a term certain, Sir Robert finding caution to apply the money in terms of the bond of relief.
Fol. Dic. v. 3. p. 39. Kilkerran, (Arrestment.) No 12. p. 42.
