Dubious Clauses. - Revocation of a Tailzie. - Liberty to contract Debt. - Conjunctly and Severally. - Just and Lawful Debts. - Liferent and Fee. - Back-Bond. - Importing Property or only Servitude.
Farquhar v. M'Kain
Date: 28 July 1638 Case No. No 35.
Parties were bound ‘conjunctly and severally, ilk one for his own part.’ This was interpreted to mean, that each was liable only for a half.
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One Patrick Farquhar having charged James M'Kain for L. 700, conform to his bond, of this tenor, viz. bearing, “That the said James M'Kain and John Gordon bind and oblige them, conjunctly and severally, to pay the said sum at the term contained in the bond, ilk one of them for their own part;” these were the very words, in respect of the which clause, terminating the prior words of ‘conjunctly and severally,’ and resolving in payment, ilk one of them of their own parts;—The Lords suspended the charges against M'Kain for the half of the sum, and found him only debtor of the one half thereof, and not of the whole.
