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Scottish Court of Session Decisions >>
The Lord Aberdour v Sir William Bruce of Kinross. [1685] 3 Brn 565 (13 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn030565-0850.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 13 November 1685
The Lord Aberdour v. Sir William Bruce of Kinross
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Lord Aberdour, Morton's son, against Sir William Bruce of Kinross. This was a reduction of a discharge of the price of Lochleven given by the last Earl of Morton to Sir William, as being done after he was at the horn; which Aberdour, as donatar to his escheat, now quarrels. Alleged,—Aberdour has given a ratification of this discharge. Answered,—This is only for any kindness he might claim or pretend; and Aberdour was not then donatar.
2do, Alleged,—The discharge is sufficient, being prior to the gift and declarator, as was found in Veitch, Pallat, and Maxwell's case, November 1673. Answered,—Payment prior to the gift is sufficient, but not a discharge; and if Sir William offers to prove paid, they will sustain it as relevant.
