Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Rig's Creditors v. Blair's Creditors
Date: 22 January 1695
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Philiphaugh reported the creditors of Rig, some time of Carberry, against the Creditors of Adam Blair, now of Carberry. The first had a decreet against Sir Adam, constituting him debtor to Rig in £23,000 Scots. Sir Adam's creditors quarrel this, as being obtained when he fled Scotland and turned his back on the process, and Sir Robert Colt, who managed it, was dead. The Lords opened this decreet, and reponed Sir Adam's creditors against it.
Then they craved allowance, amongst many other articles, of £1200, paid Culterallars, as due to the Lady Megetland, his wife, by Rig.
Alleged,—It was an heritable sum, and the jus mariti would not carry it. Answered,—He had a general disposition from her. Replied,—Its date is after this payment. Duplied,—It accresces to sustain the bona fide payment and discharge; and there is none to quarrel it.
