Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Archibald Buchannan v. Bailie of Walston
Date: 19 February 1696
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Lauderdale reported Archibald Buchanan against Bailie of Walston, for redelivery of a manuscript book of receipts he had learned from Mr Sawyers, and sundry other famous mountebanks and physicians. The Lords thought, if it was lost by Walston casu fortuito vel culpa levissima, he was not liable; but, finding it was poinded from him, among other goods in a trunk, by his fault, they allowed him to give in a condescendence of his damage, and depone in litem what he estimates the same to; and he swearing he had rather given 1000 merks than want it, the Lords thought his prœtium affectionis extravagant; and modified 500 merks, (many voting only £100 Scots,) with this quality, That if Walston recovered the book, and restored it, he should be free.
