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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mortoune v Sir James Dowglas. [1649] 1 Brn 413 (25 December 1649)
URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010443-1193.html

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[1649] 1 Brn 413      

Subject_1 DECISIONS OF THE LORDS OF COUNCIL AND SESSION, REPORTED BY ROBERT MACGILL, LORD FOORD.

Mortoune
v.
Sir James Dowglas

Date: 25 December 1649

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

In the report betwixt Mortoune and Sir James Dowglas, the Lords would not have Mortoune to count with the said Sir James for the relief of the burdens of Kilspindie's debt, since the Earl of Mortoune, by the posterior contract, had granted the receipt of £4000, and obliged him to refund and repay the same to him, notwithstanding of an idle reservation cast in the end of the decreet of redemption, without warrant of the contract foresaid, not bearing any such obligement.

Page 112.

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/Brn010443-1193.html