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 Craigmillar
v.
Edward Edgar

Date: 19 February 1624

Click here to view a pdf copy of this documet : PDF Copy

Patrick Edgar being addebted to Edward Edgar in 8000 merks, they transacted anno 1617, for 7000 merks, whereof the one-half should be paid at Whitsunday next, and the other at Martinmas following, providing, that, if he failed in payment of the same, at any of the said terms, the said Edward should be reponed in his own place. Edward, before Whitsunday, made requisition of the first half, and in August thereafter comprised. This comprising was sought to be reduced by Craigmillar, because it was unlawful, before the failyie had been declared; and that he had no power to require before the first term's failyie at least. Answered, That, by that bond of transaction, he became not Patrick's debtor, neither could lose the benefit of requisition which he had by the first obligation, and that requisition was not execution, but a preparation to it; so that he might as well require as arrest before the term. The Lords found this exception against the reduction relevant.

Page 42.