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Scottish Court of Session Decisions >>
Duffus v Forrester. [1628] Mor 3166 (2 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0803166-002.html Cite as:
[1628] Mor 3166
Morte Mandantis cessat Mandatum; unless the Mandate be in rem alienam.
Duffus v. Forrester
Date: 2 February 1628 Case No. No 2.
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The executor of the umquhil Laird of Duffus pursued John Forrester for exhibition of a bond of 500 merks made by the defender to Duffus. And being exhibit to hear and see the same registrate; alleged, He cannot exhibit the bond, because umquhil Duffus by his letter, directed to the defender, desired the said defender to pay to David Sutherland, carrier of the letter, the said sum, and receive his bond from him; conform whereunto he paid the sum to David, and retired his own bond and cancelled it. Replied, Not relevant, unless it were alleged that he paid conform to the letter before Duffus's decease. Which reply the Lords sustained, quia mortuo mandatore exspiravit mandatum.
Fol. Dic. v. 1. p. 209. Spottiswood, (Exhibition) p. 123.
