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Scottish Court of Session Decisions >>
David Mayn v The Earl of Marishall. [1687] 3 Brn 648 (11 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030648-0993.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 11 November 1687
David Mayn v. The Earl of Marishall
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Mr David Mayn pursues the Earl of Marishall for payment of a debt of his brother's, upon this head, That, by the 62d Act of Parliament 1661, an apparent heir buying in comprisings, or other rights, on his predecessor's estate, they may be redeemed from him within ten years after the acquisition, for payment of what he gave; and he offered to pay him. And the Earl having deponed on the onerous cause, he declared it was disponed to him by Keith of Whiteridge for a bond he gave him of 200,000 merks, as the price thereof.
The Lords thought this so great a sum that they suspected it to be simulated; and therefore ordained the Earl to be reexamined, if he truly paid that price for acquiring the said first apprising, and what he really gave for it.
