If probative of its Onerous Cause against Creditors and Donatars of Escheat.
Mr John Anderson v. William Montieth in Orkney
Date: 28 June 1665 Case No. No 442.
It appears from Stair's report of this case, No 133. p. 1044. voce Bankrupt, that a bond, bearing borrowed money granted to one not conjunct or confident, after the granter was rebel, was found probative of its onerous cause, against a reduction upon the first clause of act 1621.
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In an improbation and reduction of a comprising of certain tenements of lands come in the person of William Montieth in Orkney, pursued against him by Mr John Anderson, who had obtained adjudication of the foresaid tenements in anno 1659 from Sir Harry Nisbet, as lawfully charged to enter heir to James Nisbet his father, from whom the foresaid tenements were apprised in anno 1619, the Lords repelled the first reason of reduction proponed for Anderson against Montieth's comprising, viz. that the rebel, James Nisbet, could not grant a bond of borrowed money after he was denounced a rebel at Anderson's author's instance; and likewise repelled the second reason, viz. that there being three principals bound conjunctly and severally, the bond was assigned and transferred with this quality, that execution was not to pass upon the bond, but only against James Nisbet, one of the three principals, notwithstanding whereof, the comprising led upon the said bond against James Nisbet's land was sustained, and the reason repelled.
Fol. Dic. v. 2. p. 253. Newbyth, MS. p. 30.
*** Stair's report of this case is No 133. p. 1044. voce Bankrupt.
