Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
James Hamilton v. Patrick Campbell of Duntroon's Tenants
Date: 5 December 1663
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In April 1657, Pat. Campbell, elder of Duntroon, as principal, and John Ca. fiar thereof, his son, as cautioner, bind them to content and pay to Robert Hamilton, burgess of Glasgow, the sum of L.160. This bond is registrate in the Sheriff-Court book of Inverarie in 1658; then he assigns it to James Hamilton, also burgess there, who immediately thereon raises letters of poinding and horning, containing arrestment, whereby he arrests in the said Duntroon's tenants' hands the farms and duties of their lands for the crop and year of God 1662; then pursues for making forthcoming, calling also Duntroon for his interest. For verifying the summons there is produced the registrate bond, the assignation thereto, the letters of poinding, horning, and arrestment, duly executed, raised thereon; and for the remanent points of the summons not verified nor instructed by the writs prodviced, refer them to the defenders, (in whose hands the victual is arrested) their oaths of verity. Whereupon their procurator takes a day to produce them for that effect, and protests for a qualified oath; the pursuer's procurator protests in the contrary. They not compearing at the day, the term is circumduced against them, and they ordained to make the said victual arrested forthcoming to the pursuer, in payment to him, as assignee, of the sums of money contained in the said bond.
Act. Mr. Robert Sinclair.Alt. Mr. George Mackeinzie and William Braidie.
Signet MS. No. 23, fol. 8.
