Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Ross, Esq. v Erskines. [1778] 5 Brn 434 (2 December 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1778/Brn050434-0408.html
Cite as: [1778] 5 Brn 434
[New search] [Printable PDF version] [Help]
[1778] 5 Brn 434
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 ENGLISH BOND.
Date: George Ross, Esq
v.
Erskines
2 December 1778 Click here to view a pdf copy of this documet : PDF Copy
See the nature of this bond explained, Principles of Equity, p. 156, Vol. II, 3d edit., and p. 366, 2d edit. See also p. 199, 2d edit.
Accordingly, in the case decided, 2d December 1778, George Ross, Esq. against Erskines, upon a pursuit for payment of a bond in the English form, where the conditional sum was due, with interest upon it for more than 20 years, besides expenses; still the Lords decerned only for a sum equal to the penal sum: and the interlocutor was worded thus:—“Decern for the sum of £555: 14s. due upon the bond libelled.”
See Fount., I, p. 35, at the bottom; p. 706, Southesk.
The electronic version of the text was provided by the Scottish Council of Law Reporting