Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Symintoun
v.
Symintoun

Date: 16 July 1668

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One Symintoun, having given bond for provision of three or four children, of 1000 merks, to be paid within ten years after the date thereof; having long thereafter infeft his eldest son in the fee of his estate, which was but 600 or 700 merks of yearly rent, burdened with 4000 merks of his own proper [debt,] did procure a bond, from his son, of that same sum of 4000 merks for provision of the children; which did not make mention of the first bond: and, near 40 years after the date of his first bond, the son, having satisfied his own bond, was pursued for payment thereof.

The Lords found, That the second bond was in place of the first; and that the son could not be liable to both; seeing that the estate was so inconsiderable, and so much burdened: And that the father did neither deliver nor left the first bond to his children; but was only gotten among the rest of his writs; and never any thing was done thereupon near forty years.

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