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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Adam Muschett v James Raith. [1649] 1 Brn 407 (5 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010407-1081.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Adam Muschett
v.
James Raith
5 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the special declarator of Robert Forrester his bastardy, at the instance of Adam Muschett, donatar, against Mr James Raith, it was excepted, That, in the redemption used by Sir John Stirling, the 1700 merks were ordained to be given up to the said Mr James, as he who had best right, the said Forrester being also called, suppose he was absent. To the which it was replied, Grant that at that time the said Mr James his right was best; because the said Forrester was denuded in his favour; but that took not away Forrester his right of redemption from the said Mr James, by virtue of the condition that was amongst them, and back-bond given by the said Mr James to the said Forrester, to be in his own place upon the payment or consignation of a rose-noble; which order he had used, and intented declarator before his death, which the said donatar is now following out. The said Mr James was excepting farther upon debts aughting to himself till exhaust the sum; and so he was left to be farther heard.—See page 404.
Page 40.
The electronic version of the text was provided by the Scottish Council of Law Reporting
