Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sibbald v. Ralston
Date: 30 July 1679
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In the case of Sibbald and Ralston, the reason of suspension was, That the bond was discharged. To this it was answered,—1 mo, The discharge related to another sum; and the general clause on the margin, of all other debts or bonds, was most suspicious, and adjected since, with another hand and other ink. 2do, The debtor, by a letter posterior to that discharge, had acknowledged the debt, and craved a time to pay it.
Replied,—The discharge was opponed, and the letter was holograph, and not clear that it meant this debt.
This being reported, the Lords, in respect the marginal note was vitiated, and the letter was posterior to the discharge, found the letters orderly proceeded, notwithstanding of the discharge.
