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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Capringtoun v Bartilmeo. [1626] 1 Brn 28 (8 March 1626)
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Cite as: [1626] 1 Brn 28
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[1626] 1 Brn 28
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Laird of Capringtoun
v.
Bartilmeo
8 March 1626 Click here to view a pdf copy of this documet : PDF Copy
In a suspension betwixt the Laird of Capringtoun and Bartilmeo, wherein L. Capringtoun, being charged to pay Rebekah Bartilmeo for herself, and also as heir served and retoured to Masie Bartilmeo her sister, the sum of 600 merks, which, by contract, he was obliged to pay to them two, and their heirs, equally betwixt them; and so the one sister being dead, and the other being heir to her, charged for the whole sum;—the Lords suspended the charges executed for that half pertaining to the deceased sister, notwithstanding that the charger was heir to her; because the Lords found, that that contract concerning the
sum pertaining to her who was dead, could not be so summarily executed, and that sum charged for at the instance of her heir, except the contract had been first transferred in her person, as heir. And so the charge was not sustained, except the right of the contract had been lawfully and formerly established in her person by a preceding sentence. Act. Cunninghame. Alt. ——. Hay, Clerk. Vid. 5th July 1625, L. Drumlanrig.
Page 189.
The electronic version of the text was provided by the Scottish Council of Law Reporting