Broomhall v. The Marquis of Douglas, and Earl of Lauderdale
Date: 1 February 1665 Case No. No 14.
Altho' in an action of proving of the tenor of a bond, against one of two obligants the casus amissionis has been proved in another proving of the tenor against the other obligant, a new proof must be brought.
Click here to view a pdf copy of this documet : PDF Copy
The umquhile Marquis of Douglas and umquhile Earl of Lauderdale being addebted to Broomhall by bond, conjunctly and severally, with a mutual clause of relief; and this bond having been burnt in the Lady Brand's house at Edinburgh; Broomhall raised a summons for proving the tenor against the Marquis of Douglas, wherein having libelled causum amissiones, and adduced many other adminicles, he obtained decreet against the said Marquis. Thereafter he raises summons against the Earl of Lauderdale, for proving likewise the tenor against him, wherein he having only produced the decreet recovered against the Marquis of Douglas, for instructing his casum amissionis, and the other adminicles the Lords would not suffer the pursuer to repete the decreet recovered against the Marquis in this process, but found, that he behoved to lead the same witnesses for proving Ins summons, without prejudice to the Earl of Lauderdale, to propone all his other defences when he should be pursued, as representing his father granter of the bond, the tenor whereof is craved to be proved.
