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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Stuart, Commissary of Dunkell, v Lord Gray. [1623] 1 Brn 4 (29 January 1623) URL: http://www.bailii.org/scot/cases/ScotCS/1623/Brn010004-0007.html Cite as: [1623] 1 Brn 4 |
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[1623] 1 Brn 4
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: James Stuart, Commissary of Dunkell,
v.
Lord Gray
29 January 1623 Click here to view a pdf copy of this documet : PDF Copy
In an action pursued by Mr James Stuart, Commissary of Dunkell, against the Lord Gray, for poinding of the ground for an annual-rent owing divers years preceding the decease of umquhile the defender's father, who was alleged to have died at a certain term libelled;—the Lords found, that that summons ought to abide continuation, because it bore the time of the defender's father's decease, which behoved to be proven: and so consisting in facto, that the summons ought to abide continuation; it being an action of poinding of the ground, pursued by Mr James Stuart, as assignee-constitute to the bygones of that annual-rent, preceding the Lord Gray's decease, by him who had right to the annual rent.
Act. M'Gill and Lawtie. Alt. Aiton and Cheap. Page 42.
The electronic version of the text was provided by the Scottish Council of Law Reporting