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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ker v Hepburne and Ker. [1650] 1 Brn 475 (23 January 1650)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Ker
v.
Hepburne and Ker
1650 .January 23 and24 .Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Ker of — against Hepburne and Ker, who had both obtained decreet for making an arrested sum forthcoming; after long strife upon diligence betwixt them, the Lords decerned the suspender to pay both the sums, notwithstanding he had confessed, before the Lords, but a small sum; because 1000 merks being arrested and called to be made forthcoming before the commissary of Peebles, he did not come and depone, but proponed another exception of payment of the debt wherefore arrestment was used; and so, having succumbed, was liable in the whole sum arrested.
Page 180.
The electronic version of the text was provided by the Scottish Council of Law Reporting