Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

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Date: 29 March 1636

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One having obtained decreet against another, for payment of thirty bolls of victual, and seven score pounds also of money; which being suspended upon a discharge granted by the obtainer of the sentence; which discharge was only subscribed by one notary, and so was quarrelled as null, not being subscribed by two notaries before four witnesses, conform to the Act of Parliament, being in a matter more than £100; and the party offering to retrench the discharge, to work only liberation for £100, and no more of the quantity in the sentence: And the other alleging that this being the body of a writ peccant against the law, it could not be restricted to be good in one part and to fall in the rest;—The Lords found that the party might restrict his discharge to £100; and repelled the allegeance, and sustained the discharge for to liberate from £100.

Act. Baird. Alt. Gibson. Hay, Clerk.

Page 809.