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Scottish Court of Session Decisions >>
Patrick Urquhart v Thomas Blair. [1665] Mor 15153 (15 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3415153-033.html Cite as:
[1665] Mor 15153
Whether Reasons of Suspension must be instantly verified?
Patrick Urquhart v. Thomas Blair
Date: 15 July 1665 Case No. No. 33.
In a suspension, a defence of payment by another co-principal, not requisite to verified, and the defender ordained to give his oath de calumuia.
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Patrick Urquhart having charged Thomas Blair upon a bond granted by him and William Young, as co-principals, Thomas Blair suspends, and alleges, that William Young has paid the whole. It was answered, That this was not instructed, and therefore not receivable, being in a suspension. It was answered, That though in a suspension, yet a term is always granted, where it it is another man's right. It was answered, That the suspender is in hazard of breaking, and has not found a good sufficient cautioner, and therefore if he get delay, he ought to give better caution. It was answered, That he had found caution who was accepted and he was obliged to do no more.
The Lords ordained him to make faith de columnie upon the reason, but would not put him to find new caution.
