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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Peter
v.
John Boyde
7 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the forementioned suspension at John Peter his instance against John Boyde, although the bond had, in the end, the clause “to relieve either of them others pro rata portione,” yet it supplied not the defect of the words “conjunctly and severally:” but certainly they were bound conjunctly tantum; so that either of them should pay the equal half. And, because John Peter his sum was 7000 merks, where Mr Hamiltone's was scarce 1000; the clause of relief was proportioned, in the end of the bond, by the clause foresaid.
Page 45.
The electronic version of the text was provided by the Scottish Council of Law Reporting