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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Balmaine v The Laird of Laurestoune. [1633] 1 Brn 344 (19 November 1633)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Laird of Balmaine
v.
The Laird of Laurestoune
19 November 1633 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Laurestoune, minor, being charged, by the Laird of Balmaine, for payment of a certain sum of money, wherein his father and others were cautioners for the Laird of Donypace; and his lands likewise being denounced to be comprised for this debt, he craves a suspension super cautione juratoria. It was alleged by his party, That, if a suspension were granted, that the same should not hinder the comprising to go on, and required this declaration. The most part of the Lords granted the suspension with this declaration only, That seeing the superior was, by this suspension, hindered to proceed with his comprising, till the suspension were discussed, yet his diligence should be respected, as no other creditor should be preferred to him, albeit he were put to a new denunciation. In the meantime, many of the Lords granted the suspension, but thought the comprising should not be hindered by this suspension; but they that were of this opinion did lose by one vote.
Page 40.
The electronic version of the text was provided by the Scottish Council of Law Reporting