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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Aytoune of Inchdernie v David Aytoune. [1649] 1 Brn 414 (12 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010414-1108.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Aytoune of Inchdernie
v.
David Aytoune
12 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action at the instance of Inchdernie, as assignee to the heirs of umquhile
Mr James Aytoune, his uncle, against his brother, Mr David Aytoune;—it was excepted, That he cannot pay to the pursuer the 500 merks contained in his bond made to his uncle, because he offers him to prove that he paid as much for his uncle, and relieved his bond; the which must compense the sum acclaimed. The which the Lords would not admit, unless he instructed that the sum paid by him, since the date of his own bond, was at his uncle's direction, and out of the defender his own money. Likeas, he must have assignation thereto, and comes properly against the cedents. Yet, it may be said, “Let Inchdernie, after lawful distress, seek his warrant.” Page 55.
The electronic version of the text was provided by the Scottish Council of Law Reporting
