Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
William Haliday v. John Chrystie
Date: 14 November 1677
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William Haliday, servitor to Sir A. Ramsay, charges John Chrystie to pay 400 merks, contained in his bond. He suspends,—That the charger, with some other of his creditors, had subscribed a letter, (which he also produced,) declaring they were content to accept a disposition from him to his lands in Culross, &c. in satisfaction of their sums; which condition he accepted, and was willing to give them a disposition, and consigned it.
Answered,—The words arc nowise obligatory, and being in a matter of heritage there was locus pænitentiæ aye till the writs were drawn, signed, and delivered; and they had de facto resiled upon very rational grounds; which see deduced ad longum in the information. See Stair's Decisions in July, 1663, between Skelmurly and Brown. Stair's System, tit. 10, p. 99.
This case being reported to the Lords on the 20th of November, they found the letter not obligatory upon the charger, unless the other creditors, subscribers thereof, were willing still to adhere, and give the said debtor-suspender the benefit of that same offer; and allowed him to produce, betwixt and the 20th of December next, a declaration under their hands, intimating their willingness to abide at the contents of that letter. And he not having procured any such testificate betwixt and the day assigned, the Lords thereafter found the letters orderly proceeded simply.
