1668 December 19th, Sir James Dalrymple of Stair, “Mr. Alexander Seaton contra Menzies†in The Deciſions of the Lords of Council & Seſſion, in the moſt Important Caſes Debate before them, with the Acts of Sederunt. As alſo, An Alphabetical Compend of the Deciſions; with an Index of the Acts of Sederunt, and the Purſuers and Defenders Names. From June 1661. to July 1681., part 1 (Edinburgh, 1683),
Pitmedden purſues Seaton of Menzies as Repreſenting his Father, who was one of the Purſuers Brothers Tutors, for his Fathers Intromiſſion with the Pupils Means, who alleadged Abſolvitor, becauſe the Pupil after his Pupillarity, had granted a Diſcharge to one of the Co-tutors, which did extinguiſh the whole Debt of that Co-tutor, and conſequently of all the reſt, they being all correi debendi, lyable by one individual Obligation, which cannot be Diſcharged as to one, and ſtand as to all the reſt; for albeit pactum de non potendo, may be granted to one, and not be profitable to the reſt, a ſimple Diſcharge, which diſſolveth the Obligation of the Bond, muſt be profitable to all.
