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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Cesnock v Lord Bargany. [1665] 2 Brn 137 (23 December 1665)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Laird of Cesnock
v.
Lord Bargany
23 December 1665 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Cesnock and the Lord Bargany and Balcarras being bound,
conjunctly and severally, in a bond; Cesnock, being distressed for the whole, takes assignation, and pursues Bargany for two-thirds; who alleged payment; and, because it was a public debt, he produced an incident in termino;—which the Lords sustained not; because it bore no warrant to cite Cesnock the principal party, and the executions were, within forty-eight hours, by one person, in Kyll, Renfrew, Fyfe, and Edinburgh, and so suspected; but they superseded extract of the decreet to the first of November. Vol. I, Page 331.
The electronic version of the text was provided by the Scottish Council of Law Reporting