Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 27 July 1687
Smart v. Hyslops and Sir William Sharp
Click here to view a pdf copy of this documet : PDF Copy
The case of Smart in Fisheraw against Hyslops in Mountainhall and Sir William Sharp, being reported by Saline; the Lords sustained the declarator that the bond, granted by umquhile Sir William Sharp to the Hyslops, came in place of a former bond granted by him to their father, and which was assigned by him to them, and was expressly burdened with 500 merks payable by him to the pursuer Smart, his oye, and that therefore it ought to be burdened in the same manner; and therefore declare, and prefer the pursuer, as to the said sum to the creditors of Richard Hyslop, arresters of this debt, being in græmio of Richard's own right.
