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Scottish Court of Session Decisions >>
James Cleland v Sandilands and Henderson. [1686] 3 Brn 579 (4 February 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030579-0881.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 4 February 1686
James Cleland v. Sandilands and Henderson
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In the case between James Cleland, merchant in Edinburgh, and Sandilands and Henderson; the Lords, on Saline's report, preferred Cleland to the sums arrested in Sandilands' hands, and whereon the decreet charged upon was obtained, in so far as there is resting to him of his bygone annualrents; unless Henderson, the factor, (who pretended he had the only right to uplift the victual, and price of it, and that the creditors were only to pursue him for it, and not to arrest,) will say and instruct, that he is exhausted by Brugh, and other preferable creditors, their annualrents.
