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Scottish Court of Session Decisions >>
Thomas Crawfurd v The Town of Edinburgh. [1679] 3 Brn 282 (7 February 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030282-0356.html Cite as:
[1679] 3 Brn 282
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Thomas Crawfurd v. The Town of Edinburgh
Date: 7 February 1679
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Thomas Crawfurd, late Bailie of Edinburgh, against the Town of Edinburgh, for payment of a sum as the price of one of the tenements whereon the Tronchurch is now built, and whereunto he has right as donatar to the bastardy of the last heritor thereof.
The Lords ordained the Town of Edinburgh to pay him the said money upon his discharge and absolute warrandice; albeit his right was very defective, and he had only the gift of one of their bastardies, whereas there were four of those brethren, called Oliphants, that had right to the price, as appeared by the Act of the Town-Council. And whereas Thomas contended that he needed give no warrandice, because the Town was secured by the prescription of forty years' peaceable possession, the bargain being in 1638, the Lords repelled this upon a report of Craigie's.
