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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drummond v Stirling. [1676] 2 Brn 198 (9 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn020198-0455.html

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[1676] 2 Brn 198      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Drummond
v.
Stirling

Date: 9 February 1676

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

Stirling of Ardoch having granted bond of 2000 merks to the Lady Glenurchie; Ednample, as her heir and executor, assigns the same to Rickartoun; who thereupon pursues Ardoch for payment; who alleged, No process; because, this bond being heritable, there is no retour produced, serving Ednample heir to his mother; but only a special service, serving him heir to her in another annualrent, which contained no general service.

It was answered, That the annualrent being to heirs whatsoever, the special retour, in that annualrent, imported a general service.

Which the Lords sustained.

Vol. II, Page 413.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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