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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Innes, Donatar to the Escheat of James Douglas, v Douglas's Debtor. [1635] 1 Brn 354 (3 February 1635) URL: http://www.bailii.org/scot/cases/ScotCS/1635/Brn010354-0942.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Innes, Donatar to the Escheat of James Douglas,
v.
Douglas's Debtor
3 February 1635 Click here to view a pdf copy of this documet : PDF Copy
James Innes, donatar to the escheat of the late James Douglas, pursues, in a
special declarator, a debtor to the rebel, for the sum of 500 merks. It was alleged by the debtor, That, he being cautioner for the rebel before his rebellion, and being distressed by registration of his bond before his escheat was disponed to the pursuer, he ought to have compensation allowed, of the sum in his bond, for relief. To the which it was replied, That the king was not subject to compensate: except the debtor had been distressed, and paid the debt, as cautioner, before the rebellion; at the least, before the gift and general declarator. The Lords sustained compensation. Page 30.
The electronic version of the text was provided by the Scottish Council of Law Reporting
