Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Alexander Johnston of Elchieshiels, v. Mr John Montgomery, Writer to the Signet
Date: 15 February 1694
Click here to view a pdf copy of this documet : PDF Copy
Phesdo reported Alexander Johnston of Elchieshiels, against Mr John Montgomery, Writer to the Signet, anent the imputation of some money Elchieshiels paid to John Muir, in part of a greater sum. The receipt bore, In part of payment of the bond, ticket, and account.
The Lords found the debtor had the application, and that, accordingly, he had ascribed it to the bond primo loco, which must be understood of the annualrents. And, in regard there were two bonds, one due to himself primarily, and the other only by an assignation unintimated, the Lords found the indefinite payment would ascribe to the first bond, to extinguish it in totum, before it could exhaust any part of the second bond, and then to the annualrents of it; and, tertio loco, to pay the sors; and, last of all, to the ticket, and the account.
