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.

James Fraser
v.
John Bane

Date: 11 March 1630

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James Fraser, having arrested 12 score bolls victual in the hands of John Bane, which appertained to Mr Ronald Bane, his debtor, convened John Bane for making the same forthcoming, and referred the verity of the debt to his oath; who being holden as confessed, decreet was given against him. Afterwards being charged, he suspended upon a reason of compensation, That Mr Ronald was owing 1200 merks to him, which he had paid as cautioner for him, and therefore had the right of retention of as much. The Lords would not sustain the reason of compensation, but found the letters orderly proceeded, in respect that the matter being referred to the defender's oath before, he might have deponed at that time, and freed himself pro tanto; and, because he was contumax at that time, they would not restore him now.

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