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James Macdonald of Kineton granted an obligation to John Symon, in these words: “I hereby oblige myself to dispone two ox gates of the west side of Micrass to your son, when you shall think fit; or to pay him 1800 merks, as to me shall seem proper.”
The son was minor at the time; and, before his majority, the father gave a discharge of the obligation, bearings that the 1800 merks had been paid to himself and his creditors.
In an action brought by the son, “the Lords found, that the father's discharge, bearing payment of the said price to himself, and his lawful creditors, is a sufficient document of payment.”
Act. Crosbie.Alt. Ilay Campbell.
Fol. Dic. v. 4. p. 131. Fac. Col. No 20. p. 236.
