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Scottish Court of Session Decisions >>
James Buchan of Oikhorne v James Forbes of Thornton. [1692] 4 Brn 24 (15 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040024-0050.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Buchan of Oikhorne v. James Forbes of Thornton
Date: 15 December 1692
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The Lords advised James Forbes of Thornton's debate with James Buchan of Oikhorne, and found the presumptions on Thornton's side more pregnant, that Maghie had paid the 1000 merks, and so entered to the possession of the wadset; and therefore ordained Mr. John and James Buchans, who had now acquired Maghie's wadset, to renounce the same in favours of Thornton, and to pay him the annualrents of the said 1000 merks, conform to his back-bond; but in regard James's bond to Normand Lesly was not produced, and he might yet be distressed, the Lords ordained James Forbes to find caution to James Buchan, to relieve him of that debt, in case he should happen to be distressed for it at any time hereafter.
