Scottish Court of Session Decisions

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

Paterson
v.
Johnstoune Son to the Laird of Lockerbie

Date: 24 June 1674

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In a suspension, raised at Johnstoune's instance, who was charged upon a bond of borrowed money, granted by him to Paterson, upon this reason,—That the said bond was granted for bygone maintenance due by his father, who, upon decreets recovered against him for the same, was under caption; and that, by the late proclamation, all maintenance was discharged, except where the bond was given by the heritor, who was debtor: but so it is that the suspender's father, being only debtor, had never given bond; and therefore, as he was free, so his son could not be decerned to make payment:—

It was answered, albeit this bond was given for maintenance due by the father, against whom several decreets were recovered, which the charger did accept as a sufficient security for payment; and had no more to do with the father; and so it could not fall within the proclamation; and the granter ought to seek his own relief, wherein the charger was not concerned.

The Lords did find the letters orderly proceeded, notwithstanding of the reason; and found, That, having voluntarily given bond in his own name, he ought to fulfil the same; and it did not fall within the case of the act of the council, the father not being distressed.

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