Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 21 February 1682
The Lady Pitcairlie v. Sir Donald Bain of Tulloch
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The Lords, upon Halton's report, find that umquhile Mr John Bain of Pitcairlie, his writing chamber in Edinburgh, ought not to be sold for the payment of his debts; but that the same belongs to John M'Farlane and Rorie Bain, in terms of the bond of tailyie; and that they may presently enter to and possess the said chamber. And find that Pitcairlie's relict, by his destination, is liable to the whole debts, and to relieve the heirs of tailyie thereof. And, in order to the satisfying the said debts and relieving the heirs, they decern her presently to exhibit all the debts she has already satisfied, with the discharges thereof, and to assign to the debts that are resting to the defunct; which they ordain the heirs to accept of, for their relief pro tanto, in so far as the Lord Reporter shall find the same to be sufficient debts: and remit to the reporter to hear the parties, how far the said debts do exceed the said bonds so to be assigned; and to decern the relict presently to relieve the heirs of the said superplus debts, either out of the moveables or out of the liferented lands.
