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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Boill of Kelburn v Mr John Wilkie. [1669] 1 Brn 579 (26 January 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Boill of Kelburn
v.
Mr John Wilkie
26 January 1669 Click here to view a pdf copy of this documet : PDF Copy
Kelburn, having given bond to Mr James Glendinning, minister, for £800, appointed to him for serving the cure at the kirk of Largs; Mr John Wilkie, as collector of the vacant stipends, did receive from Kelburn the sum of £400, and gave a discharge, bearing absolute warrandice, and especially to warrant him from the foresaid bond granted to Glendinning. Whereupon, and a decreet recovered at Glendinning's instance, for payment of the whole sum contained in his bond, he did pursue Mr John Wilkie for the whole sum paid to Glendinning.
The Lords found, That Wilkie could be only liable for the sum of £400 received, and the annualrents and expenses to be modified, and not to the whole sum; notwithstanding it was alleged, That the warrandice was special as to the whole bond granted to Glendinning, and did restrict the warrandice thereto; which they found, in law, could not be further extended.
Page 33.
The electronic version of the text was provided by the Scottish Council of Law Reporting