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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Brown v James Kirk. [1664] 1 Brn 504 (16 December 1664)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: George Brown
v.
James Kirk
16 December 1664 Click here to view a pdf copy of this documet : PDF Copy
George Brown being bound, by his ticket, to pay to James Kirk the sum of £18 Sterling, and, in case of failure at the day, £50 Sterling; upon which ticket and failyie he recovers decreet before the bailies of Edinburgh against the said George Brown for null defence and not-compearance;—there is suspension and reduction raised of the decreet, upon this reason,—That the same was for null defence; and that, if he had compeared, he would have alleged, that the ticket was null quoad the £50 sterling of failyie, the same having been extorted from him metu carceris; and that he was instantly content to pay the £18 sterling and expenses, according to the Lords' modification. The Lords, in respect of the decreet recovered before the bailies, and of the suspender's own deed, by granting the foresaid ticket, albeit done for eschewing warding,—would not take away the decreet and bond.
Page 12.
The electronic version of the text was provided by the Scottish Council of Law Reporting