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Scottish Court of Session Decisions >>
Adam Rae v Heritors of Clackmannan. [1665] Mor 13062 (27 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3113062-003.html
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Umquhile Colonel Rae, having advanced victual to the army, at Leith, in anno 1650, and gotten an assignation to the maintenance of August and September, from Sir John Smith, then General Commissary; in satisfaction thereof, pursues the Heritors of Clackmannan for their proportions; who alleged, That by their quartering of the King's army, their whole rents, anno 1650, were exhausted. It was answered, That it was notour, that the exhausting was after the battle of Dunbar, which was upon the 3d of September 1650, and so could not extend to the maintenance of August and September, which was assigned before for so onerous a cause.
The Lords repelled the defence, in respect of the reply.
1665. July 28.—In the cause of Adam Rae, mentioned yesterday, some of the Heritors alleged absolvitor, because they were singular successors, and by the act of Parliament, for the old maintenance, singular successors were excepted.
The Lords repelled this allegeance, and found that exception only to be extended to the maintenance contained in that act.
