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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Halton v The Laird of Ayton. [1672] 2 Brn 613 (00 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020613-1020.html

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[1672] 2 Brn 613      

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

Lord Halton
v.
The Laird of Ayton

1672. January.

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In a case betwixt my Lord Halton and the Laird of Ayton about a comprising of Glastry, (bought in by Argyle,) which was founded on a gift of escheat given in 1664 to Andrew Patersone, without any back-bond to be countable, the Lords restricted the gift, and consequently the comprising, to Patersone's true debt, as if he had given back-bond, because, by an act of Exchequer, no gifts should be given without back-bonds. Upon which his just debt was found more than paid by his intromission, and so the comprising fell in consequence. Vide infra, No. 382, [December 1672, Stuart against Stuart's heirs.]

Advocates' MS. No. 307, § 2, folio 126.

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/1672/Brn020613-1020.html