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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Seattoun of Thorntoun v Robert Kelly. [1665] 1 Brn 511 (28 June 1665)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: John Seattoun of Thorntoun
v.
Robert Kelly
28 June 1665 Click here to view a pdf copy of this documet : PDF Copy
John Seattoun of Thorntoun, being charged to make payment to Robert Kellie, of one thousand merks, as cautioner for George Seattoun of Woodhill, conform to his bond, and decreet following thereupon;—the charge was suspended, and the bond craved to be reduced, upon minority and lesion.
To which reason it was answered, That it was competent and omitted.
It was replied, That the process, being a suspension, competent and omitted could not be sustained; seeing suspenders may omit all reasons which they cannot instantly verify, such as this was, wherein the suspender's minority behoved to abide probation. But, 2do. There is reduction raised of the first decreet.
The Lords sustained the reason of reduction, notwithstanding of the answer made thereto, and reponed the pursuer against his own deed, in respect of his minority.
Page 29.
The electronic version of the text was provided by the Scottish Council of Law Reporting