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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010401-1062.html

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[1649] 1 Brn 401      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Gideon Murray
v.
Shaw

Date: 3 July 1649

Click here to view a pdf copy of this documet : PDF Copy

In the suspension at Gideon Murray his instance against Shaw, the reason, upon a discharge containing a general of all bonds, &c. was not sustained, but for counts and reckonings only, quod tunc agebatur tantum; they being both merchants; and the charger having simply written as the suspender had dictated. And the letters were found orderly proceeded; yet giving him a time to relieve him with diligence, as the bond did bear, of that his cautionary, in the testament of the former husband to the suspender his wife; and that he should give caution in the said discharge; because his cautionary in the testament habebat tractumfuturi temporis.

Page 31.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010401-1062.html