Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Alexander Brand, late Bailie in Edinburgh, v. Hugh Wallace of Ingleston
Date: 27 November 1694
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The Lords considered the two points whereon he was sought to be made liable; and thought the first medium, founded on his declaration of the receipt of the papers, narrow, unless they could subsume that he had effects at that time in his hands, of Edward Ruthven's, or that he had taken course with other debts of his, posterior, at least no more privileged than Bailie Brand's; for his obligement and trust at least imported this much, that he should have presented the account and precept to the heirs of Edward Ruthven, and craved to have it allowed; and that they should have refused it upon some ground of law.
But the Lords laid hold on the second; and, before answer, allowed Bailie Brand to prove, scripto vel juramento, that Hugh Wallace had made a transaction for what he intromitted with of Edward Ruthven's means; for, if he had taken a discharge of the whole count and reckoning, without discussing this article of Bailie Brand's debt, they thought it reasonable he should be liable for it.
