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Scottish Court of Session Decisions >>
Smiton v Fairweather. [1680] 3 Brn 326 (27 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030326-0421.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Smiton v. Fairweather
Date: 27 January 1680
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Smiton had one thirty-two part of the Calmer ship: he sells it to Fairweather, and gets from him an obligement to warrant him against the reduction of the Admiral's decreet, finding that ship a lawful prize, and of all cost, skaith and damage he may sustain after he is denuded; and Fairweather is to undergo all the hazard. The said decreet being reduced, and the ship freed, and the owners who made vendition of the goods being found liable each of them in solidum actione exercitoria, he pursues Fairweather to relieve him, conform to his obligement. He alleged it could extend to no more than what he got.
The Lords found, that he was not obliged to relieve him in solidum, but only of the thirty-two part. Some were displeased at this, and thought that the obligement imported all.
