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Scottish Court of Session Decisions >>
Robert Chapman, in Kirkaldy, v Thomas Row. [1694] 4 Brn 176 (28 June 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040176-0401.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Chapman, in Kirkaldy, v. Thomas Row
Date: 28 June 1694
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This was a charge, on the Sheriff of Fyfe's decreet, for 400 merks, conform to Chapman's obligement in a discharge. The reason of suspension and reduction was, That the obligement being relative to a clause, obliging him to pay all Doctor Lumsden's debts contracted during the time he was married to the said Robert Chapman's mother; sed ita est this was none of them. One question arose, Whether the principal discharge needed to be produced, seeing it was fully narrated in the Sheriff's decreet, and the tenor of it was not controverted by the parties, but only the meaning and interpretation of it. Therefore, the Lords found the obligement of the 400 merks was separate and distinct; and found the letters orderly proceeded: reserving his reduction, when the production should be satisfied, by the principal discharge being produced in the process.
