[1620] Mor 12357
Subject_1 PROOF.
Subject_2 DIVISION I. Allegeances how relevant to be proved.
Subject_3 SECT. IV. Payment and Consignation how relevant to be proved.
Date: Jo Hamilton
v.
Lady Pittenweem
26 July 1620
Case No.No 135.
Found in conformity with the above.
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Jo.Hamilton of Langhirdinston, purusing for registration of a bond, where by many gentlemen of the of were bound to restore to the Lady Pittenweem a gold chenzie, or the price of 2000 merks; it was excepted, That, albeit the bond was so conceived, yet the chenzie was in effect borrowed to lay in pledge to the Earl of Caithness for sixteen chalders of meal, which being thereafter paid, the chenzie was delivered back to the said Lady Pittenweem, which they offered to prove by famous witnesses, which was found relevant by the Lord Chancellor, Carnegie, advocate, Lauderdale Clerk of Register, and most part of the rest, upon pretext, that lately the payment of sixteen chalders of victual was sustained to be proven by witnesses, in contentation of a bond given to that effect betwixt Sir C. Home of Manderston and Sir John of Huttonhall. This was done 26th July 1620. My Lord of Craigton and I, with a few others, were of the contrary opinion.
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