Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Andrew Ker v. The Magistrates of Couper
Date: 12 December 1663
Click here to view a pdf copy of this documet : PDF Copy
There is a contract, in October, 1652, made betwixt Sir Ja. Melvill of Hallhill and Bruntiland, on the one part; and George Jameson, provost of Couper in Fyfe, with the remainant council thereof, taking the burden upon them for the body and community of the said burgh: wherein Hallhill sets to the town of Couper a tack of the teind sheaves and burgh acres of the corn-field land about the town; wherefore they oblige them in payment yearly to the said Sir Ja. of L.500. In anno 1654, Sir Ja. assigns and dispones this contract to Mr. Andrew Ker, advocate. Mr. Andrew, by his translation, dispones to Mr. Andrew Ker, clerk of Linlithgow; who, charging the magistrates of Couper therefore, they suspend, upon multiplepoinding; the same sum being also arrested in their hands, at the instance of Sir. Jo. Weymes of Bogie, Sir Robert Farquhar of Monnie, Andrew Balfour, and James Melvill, burgesses in Edinburgh; and consigns in Mr. Thomas Hay, clerk to the process, his hands, the sum of L.800, addebted; which they are most willing be made forthcoming to any the Lords shall find to have best right thereto, upon their sufficient acquittance and discharge thereof; and providing the Lords ordain all the rest to desist from troubling the suspenders for payment thereof. Compear, on the calling of this suspension, the charger's procurators; and produce for them, the registrate contract, the assignation, and translation thereof. Compear procurators for the arresters, and produced their discharge of the said arrestment, wherein they declared they passed from their arrestment, in favours of the charger.
In respect whereof, the Lords decerned the said Mr. Andrew, charger, to be preferred to the sum consigned, (whereupon Mr. Thomas Hay delivered the same unto him,) he granting to the town of Couper a sufficient discharge thereof; which he did. Assoilyie the said town from the charge, and so suspend the letters simpliciter, as to the L.800 consigned. Find them orderly proceeded, so that they be put to farther execution for L.34, yet resting, aye and while the same be paid. Finally, discharge the whole remaining persons from troubling the said town for payment of the said sum of L.834; and that, in respect of their consent and discharge above-written.
Susp. Mr. David Balfour.Alt. Mr. George Norvell, Pat. Ranken, Mr. Robert Trotter, Ja. Cheap, Roger Hog.
Signet MS. No. 35, folio 11.
