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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Allane v Muire and Gibsone. [1661] 2 Brn 294 (6 December 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Brn020294-0569.html

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[1661] 2 Brn 294      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Allane
v.
Muire and Gibsone

Date: 6 December 1661

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Muire being addebted to —— in L1000, a creditor of his, knowing that one Allane was owing to Muire 50 merks for the price of a horse, arrests that sum in his hand, and gets a sentence against him to make it furthcoming: Allane having past his promise to one Gibson, another creditor of Muire, before the arrestment; who recovers sentence against him upon his confession. They both contending for the sum, he to whom the promise was given before the arrestment was preferred to the arrester, and the debtor found only liable in single payment of the sum.

Act. Heriot. Alt. Eleis. Jo. Hay, C. MS. folio 51.

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/1661/Brn020294-0569.html