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Scottish Court of Session Decisions >>
Ker of Chipto v Laird of Mersington. [1612] Mor 5029 (26 February 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1205029-008.html Cite as:
[1612] Mor 5029
Subject_1 GENERAL DISCHARGES and RENUNCIATIONS. Subject_2 SECT. II.
Whether General Discharges and Renunciations comprehend Heritable Debts.
Ker of Chipto v. Laird of Mersington
Date: 26 February 1612 Case No. No 8.
A general discharge of all sums of money, counts, and reckonings, presumed to comprehend an heritable bond.
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James Ker of Chipto pursued the Laird of Mersington, to pay to him an annualrent of nine bolls bear, of all the years since the year of God 1596, according to a bond made to him by Mersington, to infeft him in nine bolls bear redeemable upon 300 merks. It was alleged by Mersington, That he should be agoilzied, because in the year 1602 he had given to him an acquittance, written altogether with his own hand, granting the receipt of 1000 merks in complete payment of an obligation of 600 merks, written by Alexander Young; and of all sums, debts, reckonings, and counts, which he might crave of Mersington before the date thereof. It was replied, That the discharge of sums of money, counts and reckonings, would not comprehend an heritable bond, unless it had been expressly mentioned and discharged. The Lords, considering that the question was betwixt two gudebrothers, ordained the said James Ker to be examined ex officio upon the true cause of debts extending to 1000 merks owing and resting to him the time of the discharge; and declared, if he failed therein, they would decern the said heritable bond to be comprehended under the discharge.
