Scottish Court of Session Decisions

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

Robert Haliburtoune
v.
Gray

Date: 8 December 1649

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In the suspension, Robert Haliburtoune against Gray, the Lords found the letters orderly proceeded, for extension of the minute, whereby he obliged himself to sell them that land on the east side of Libbertoune's Wynde, pertaining to John Sharpe; and decerned him in the penalty consigned, with expenses: notwithstanding that he alleged it to be factum imprestabile quod penderet ex alieno arbitrio, the land pertaining to a minor, who, with his curators, was refractory. Yet Robert himself was thought to be in mora, because he repented of the bargain, having intended once to buy also the great tenement on the west side; but the said John Sharpe and his curators finding him fastened with Gray, they sought a thousand merks or two more, which was imprestable to so covetous [a] man.

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