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Scottish Court of Session Decisions >>
Bailie of Jerviswood v Brand of Baberton. [1693] 4 Brn 77 (21 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040077-0181.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bailie of Jerviswood v. Brand of Baberton
Date: 21 February 1693
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Bailie of Jerviswood, as adjudger from Secretary Johnston, against Brand of Baberton. The Lords found, seeing Sir Archibald Johnston of Wariston, the Secretary's father, was now restored against his forfeiture per modumjustitiœ, and that they offered to pay all Brand's just debts he had on the lands of Newhall, that therefore Brand ought to remove and cede the possession. If it had been only a restitution per modum gratiœ, he could not have obtained re-possession against a creditor.
