Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Smetoune Richiesone
v.
His Uncles

Date: 10 July 1649

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In the action of relief at the instance of Smetoune Richiesone against his uncles, for repayment to him of some annualrent paid by him to the umquhile L. of Innerwicke and Margaret Hamiltoune, by virtue of a decreet obtained against him, as heir to his goodsir,—it was excepted, That he is that same person who stands obliged, being heir, as said is. To the which it was replied, That he did pursue his relief, as assignee constituted by the Laird of Penkaitline his heirs, who were cautioners for that annualrent during the lifetime of the said Laird of Innerwicke and Margaret; the which Laird of Penkaitline had the monies provided to his uncles by their father, goodsir to the pursuer, with that express condition, that they should ly hypothecated for payment of the annualrents foresaid, during the said two persons their lifetimes: and if Smetoune and his bairns meddled with the monies, they should report discharges to the Laird of Pinkaitline and his heirs; and, if the Laird of Pinkaitline or his heirs did meddle with the sums, they should report discharges to the Laird of Smetoune his heirs and bairns. Which the Lords sustained.

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