Scottish Court of Session Decisions

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

Walter Kinnarde of Coubine
v.
Walter Chambers

Date: 26 December 1649

Click here to view a pdf copy of this documet : PDF Copy

In the suspension, Walter Kinnarde of Coubine, cautioner for Innes of Coxtoune, against Walter Chambers, the reason against the special charge for payment of the duties since the crop 1644, at which time the said Innes, principal, had dispossessed the said Chambers, charger, and intruded himself in the possession in the lands wadset to the said Chambers; the reason, I say, That there was no ground in the contract to charge for the bygone maills and duties, was not sustained, in respect he was bound for Coxtoune to fulfil all the clauses contained in the contract; so that the cautioner must warrant the said Chambers to uplift the duties, crop 1637, and yearly thereafter, during the not-redemption. Item, The other reason in favours of the cautioner, That he should be free by the contract, he offering, after Coxtoune's majority, his ratification of the wadset foresaid; the which he now offers,—this reason, I say, was also repelled; because, by the contract, he is obliged to produce a lawful ratification and profitable, by Coxtoune, served and retoured thereon, infeft after majority: which cannot now well be done, seeing all is comprised or adjudged from him in his minority, and reversion expired. And farther, the cautioner must be obliged for the bygone duties, because he can only be made free from the day and date of the production of a valid ratification.—See Page 446.

Page 115.