Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Robert Johnston and Jo Cowan v. Adam Colquhon
Date: 28 January 1665
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Adam Colquhon, in Littlesauchie, is addebted to Robert Johnston there, L.93. By another bond, he owes to the said Robert, and Jo. Cowan, equally betwixt them, L.120. Thir bonds they register, and raise letters of poinding and horning thereupon. Which charge he suspends, because, 1mo, As to the L.93 [he] had accepted of Alexander Glass of Sauchie, for his debtor therein, who likewise had offered him payment of the said money, which (after he had once accepted of him as debtor) he refused: this he was content to prove by the said Robert, charger, his oath. As to the said L.120, the same is for his duty of the crop, 1644; which, upon a sufficient discharge or re-delivery of his bond, he is content to pay them betwixt and Candlemas next; which cannot be denied him, seeing its good payment when a tenant pays his master once in the year, according as victual can be sold, and a price got therefore. At the calling of the suspension, it was eiked, 1mo, That the letters ought to be suspended as to the L.120, because he had consigned the same in Sir W. Bruce, clerk to the bills, his hands. 2do, Because the chargers refused to accept of the said sum of L.93, therefore the letters must be suspended as to the penalty of L.20.
To which reasons it was answered for the charger; and to the first, that he was content the said letters should be suspended as to the sum consigned, providing the charger get warrant to uplift the same. To the second, wherein its alleged that the chargers accepted Sauchie for their debtor, and yet refused when he offered them payment, the same is only probable by the chargers, their oaths; who being examined thereupon deponed negativè.
Whereupon the Lords suspended the letters as to the sum consigned, ordaining the same to be given up to the charger; find the letters orderly proceeded as to the sums not consigned, aye and while they be paid. Suspend for L.10 of the penalty; find them orderly proceeded quoad the other L.10.
Suspender, Sir Robert Sinclair.Alt. Alexander Munro.
Signet MS. No. 29, folio 46.
