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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Monro of Lemlaire v Robert Monro of Assin. [1649] 1 Brn 416 (13 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010416-1112.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Monro of Lemlaire
v.
Robert Monro of Assin
13 July 1649 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Fowles being obliged for 1000 merks to John Baine of Tulloch, by his bond, wherein Hector Monro of Clynes and Robert Monro of Assin were cautioners, the said John Baine made Hector Monro assignee, and he made translation to John Monro of Lemlaire, who charges the said Robert of Assin, the other cautioner, and, denouncing him, gets his escheat, which he craves to be declared. It was excepted, That the horning was null, being raised without a warrant, some of the assignees being dead, and, namely, the said Hector; whereto there needed, if not a bill, yet a transferring. But the Lords found no nullitas juris, but facti, where death must be proven, and so cannot stay the declarator. It is here to be pitied, that Baine, knowing the sum to have been paid off the Laird of Fowles's monies, who was principal, thought he might have given discharge to Robert Monro of Assin, the other cautioner; which excluded the assignee, and brought double warrandice upon the said Baine.
Page 57.
The electronic version of the text was provided by the Scottish Council of Law Reporting
