Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

James Hamilton
v.
Sir Alexander Hamilton of Hags, William Murray, William Cochran of Ruchsoalls, Mungo Murray of Carlaverock, and Patrick Murray of Keillor

Date: 11 December 1663

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Sir Alexander Hamilton of Hags, William Murray, portioner of Longhermiston, (which part Mr, Robert Deans has now,) Mr. William Cochran of Ruchsoalls, Mr. Mungo Murray of Carlaverock, and Patrick Murray of Keillor, by their bond, dated 1660, grant them to have borrowed from Jo. Hamilton, of Bangour, the sum of 4000 merks, which they oblige them to repay to him, and Marion Hamilton, his spouse, her liferent use thereof; and, for his surer repayment, they oblige them to infeft and sease him in an aunualrent effeiring to the said sum, which shall ever be redeemable on payment of the said sum: item, declared that if Bangour, and his foresaids, choose rather to uplift their money than to retain the said security, in that case they bind and oblige them to make good and thankful payment thereof, without any premonition or requisition to that effect. Bangour in 1663 dies. His son Jo. (Cut-the-wind) serves and retours himself heir to his father; then, with consent of his mother, assigns the bond to Ja. Hamilton, merchant in Edinburgh, who summons the parties before-named, granters of the bond, to hear and see them decerned to make payment to him of the said sum. The Lords decern conform to the desire of the summons; because the defenders, compearing by their procurators, alleged no reasonable cause in the contrary; item, because the Lords saw the said bond, assignation, and retour.

Act. Mr. Thomas Lermonth. Alt. Mr. Robert Sinclair, John Harper, and Nathaniel Fyfe. Signet MS. No. 34, folio 11.