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Country code |
GB |
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Repository code |
234 |
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Organisation |
NAS |
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Repository |
National Records of Scotland |
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Reference |
GD86/705 |
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Title |
Extract of Decree in the action pursued before the Lords of Council and Session by Mr. William Stirling, writer, Edinburgh, against Sir Andrew Birnie, advocate, James Justice, merchant, Edinburgh (in whose hands the sums of money aftermentioned were arrested) and John Watson of Damhead, principal party, for his interest: It narrates (1) contract (dated 22 May 1676 and registered in the Books of Session [22nd] November 1676) entered into between George, Earl Marshell and the said John Watson, whereby the former sold to the latter 500 bolls bear of his ferm in Buchan, to be delivered at Peiterhead by 1st June, for payment of £7 Scots per boll (extending altogether to £3500) at Martinmas following, (2) assignation (dated 20th September 1677) by the Earl constituting Captain John Winraham his cessioner and assignee in and to £100 Sterling of the price of said bear, (3) bond (dated 25th January and registered in the Books of Council and Session 5th July 1677) by the said John Watson as principal and the pursuer as cautioner in favour of Captain Winraham, whereby they bind themselves to pay at his request to Mr. Archibald Nisbett, W. S., 180 merks Scots and to Hugh Broun 320 merks (conform to precept drawn on him by Mr. James Keith, W.S.) and the balance of 1300 merks to himself, (4) discharge and assignation (dated 3rd November 1677) by the said Captain Winraham and Hugh Broun discharging the pursuer as cautioner of the sums due to them under said bond and for his relief constituted him their assignee thereto, and (5) letters of horning and poinding raised by Captain Winraham by means of which the pursuer caused James Dumbar, Dingwall Pursuivant, upon 3 January 1678, to arrest in the hands of the said Sir Andrew Birnie and James Justice the sum £4000 due by them to the said John Watson: The lords decern Birnie and Justice to make the sum in their hands furthcoming to the pursuer to the extent of satisfying him for the sum of money contained in the above bond |
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Dates |
12 Feb 1678 |
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Access status |
Open |
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Description |
Registered Acts and Decreets (Dal) Vol. 73. |
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Level |
File |
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