Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER LORD FOUNTAINHALL.
Thomas Kincaid v. James Crawfurd
Date: 1 December 1663
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Alexander Crawfurd, son to James Crawfurd, goldsmith in Edinburgh, by his bond, in anno 1648, obliges him to pay to Charles Watsone, writer in Edinburgh, and Mary Young his spouse, the sum of 2000 merks, with the usual annualrent thereof, with L.200 of expense in case of failyie. This bond Charles Watsone, in anno 1650, assigns to Mr. Robert Young, minister at Dumbarin; who, for his better security, obtains a wadset of a tenement of land in Halkerston's Wynd, appertaining to the said Alexander Crawfurd, redeemable upon payment of the foresaid principal sum. In anno 1653, Thomas Kincaid, chirurgeon apothecary, marrying the said Mr. Robert Young's sister, (their father was Mr. Andrew Young minister at Abercairne,) he dispones over to Thomas, by his translation, his right to the said bond and wadset: who immediately procures letters of charge, to enter heir within forty days, against Mr. James Crawfurd, son and heir to the said Alexander, conform to the act of Parliament; and thereon summons him and his tutors, &c. to hear and see himself decerned to make payment of the said sum of money. For verifying of his summons, he produced the bond, contract of wadset, [and] assignation; with the contract of marriage, containing a translation; item, the letters of charge to enter heir, with their executions. Who failyieing to compear, the Lords decerned this pursuer to have good right to crave the said sum, and therefore decerned them to make payment to him thereof.
