Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Laird of Clackmanan
v.
Sir William Nisbet and Patrick Nisbet

Date: 6 February 1624

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James Nisbet being owing to the Laird of Clackmanan 4000 merks, and being straitened by him for the payment thereof, his brethren Sir William and Mr Patrick Nisbets came to the Laird, and, by fair words, and both their promises by word to see him satisfied at Whitsunday following, obtained of him continuation till then: Likeas, at the same time they laid him dowm 400 merks for the bygone year's annual-rent. Afterwards, they being charged by virtue of their foresaid promise;—Alleged, That it was not obligatory; likeas they produced a practique of Mr Peter Kennoway's against the Lord Blantyre, who had in the very like business written to Mr Peter, wherein he promised to see him satisfied, who nevertheless was assoilyied.—The Lords, notwithstanding, found it to be a perfect stipulation, which obliged the promisers to the payment of the sum; whereof otherwise the creditor by their fair promises should have been frustrated.

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