Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID FALCONER, OF NEWTON, president of the college of justice.

The Master of Ross
v.
Windraham

Date: 11 November 1682

Click here to view a pdf copy of this documet : PDF Copy

In a suspension, at the instance of the Master of Ross, against Windraham, wherein Windraham did refer to the Master's oath, That he accepted of a precept, drawn by ______, (from whom he had taken a chamber,) in favours of the said Windraham, for payment of a sum of money to him: And the Master having deponed, That he did subscribe the acceptation of the precept, and delivered it to his own servant, in these terms, That his servant should not deliver it up, until the term of payment of his chamber mail: as also, that he should not deliver it up, till he gave further order.

The Lords found, That the precept being Windraham's evident, the subscribing the acceptation thereof was obligatory; albeit the acceptation thereof was not delivered, as said is: and, therefore, found the letters orderly proceeded. But, in regard that the bond, out of which the said precept was to have been answered, was the Master's chamber mail, whereof the term of payment was not come the time of the acceptation; and that, before the term of payment, the drawer of the precept, or his servant, had broke up the door of the chamber, and had taken out several linens of the Master's, to the value of the chamber mail; therefore, if the Master could instantly verify, that the said goods were taken out before the term of payment of the mail, the Lords would allow the Master retention pro tanto.

Page 14.