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Scottish Court of Session Decisions >>
Weemses v Davidson. [1625] Mor 16085 (23 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor3716085-015.html Cite as:
[1625] Mor 16085
A general licence, without mention of any particular debt, was found null, although the pursuer's action was for a special debt.
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In an action betwixt Weemses and Davidson, whereby they, as executors to their father, pursued the defender for a debt owing to the defunct, and which they pursued upon a general licence granted by the Bishop of Glasgow, giving licence to them to pursue for all debts owing to the defunct by any of his debtors, wherein no mention was made of any special debt, the Lords found this general licence null, and would not sustain this pursuit moved thereupon, because no special debt was therein contained, albeit the pursuer's action was for a special debt, which he alleged was warranted by the said general licence, giving him power to pursue for all debts, &c. which was not sustained, as said is.
Act. Cunninghame.Alt. Stuart.Clerk, Gibson.
Durie, p. 179.
