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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Helen Strachan v The Laird of Craigievar. [1629] 1 Brn 167 (4 February 1629)
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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.
Date: Helen Strachan
v.
The Laird of Craigievar
4 February 1629 Click here to view a pdf copy of this documet : PDF Copy
Craigievar having granted a bond of 2300 merks to Mr James Irvine and Helen Strachan his spouse, and to the longest liver of them two; she, after Mr James her husband's decease, charged for payment. Craigievar suspended upon this reason, That he was forced to pay a far greater sum for Sir William Irvine, for which he and Mr James were cautioners, and Mr James obliged for his relief; in respect whereof he ought to compense that sum with the other, which Mr James could not eschew, if he were alive; and no more his wife. The Lords thought it could not compense, in respect of the bond made to him and her, and which was made before that other wherein he and Mr James were cautioners.
Page 39.
The electronic version of the text was provided by the Scottish Council of Law Reporting