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Scottish Court of Session Decisions >>
Thomas Henderson v William Clark's Tenants. [1681] 3 Brn 391 (3 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030391-0541.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Thomas Henderson v. William Clark's Tenants
Date: 3 February 1681
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Thomas Henderson's action for maills and duties upon an adjudication against William Clark's tenants. Newbyth found an assignation to the maills and duties by Mr William to Mr John Elies for relief of cautionry, though intimated before Henderson's adjudication; yet the said assignation could not compete with his adjudication for terms after the decreet of adjudication, the
assignation not being a real, but only a personal right, and so could last no longer than Mr William Clark had it; and not after he was denuded by a real diligence.
