Transaction of giving down a sum in a bond, and delivery of goods worth the superplus, found probable by witnesses, altho in a suspension.
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Reason, the charger, in a friendly communing with the suspender's principal and cautioners, acknowledged the inhability of the principal to pay the 102 merks contained, promised to give down 20 merks, whereupon the principal delivered them five head of goods to one of the cautioners, who immediately delivered the same to the charger for the remanent of the sum, whilk goods were worth 80 merks, and were received by the charger, and offers to prove the reason by witnesses who were present at the delivery, and otherwise knew the same to be delivered to the charger by the cautioner, in name of the principal. Finds the reason relevant, and assigns a day, and ordains letters to summon witnesses on probation, and to produce such writs, &c.
Clerk, Durie.
Fol. Dic. v. 2. p. 220. Nicolson, MS. No 472. p. 324.
