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Scottish Court of Session Decisions >>
Balbegno v Lauriston. [1624] Mor 8031 (13 January 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor1908031-021.html Cite as:
[1624] Mor 8031
Parties being charged to find mutual caution in lawburrows, the one having obeyed, and the other making faith that he could not find caution, the Lords took him bound for the double of the sum.
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Memorandum, That the Lords of Secret Council having heard appearance of trouble betwixt the Laird of Lauriston and Balbegno, to the disturbance of the peace of the country; and for preventing thereof, having charged the parties to compear before them, they ordained Lauriston to find caution to Balbegno, under the pain of L. 5000, and Balbegno being commanded to find the like caution, having represented by one the misery of his estate, by the comprising of his hail lands, and the Laird of Lariston's intention to dispossess him of his hail teinds, by a tack rigorously and unkindly taken over his head, which disabled him to find relief to his cautioner; in respect whereof the Lords took his solemn oath, that he was unable to find caution, or to relieve his cautioner, and accepting of his juratory caution, and his oath, that he should not trouble the Laird of Lauriston, otherwise than by order of law, they took himself bound under the pain of L. 10,000, being the double of Lauriston's sum.
