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Scottish Court of Session Decisions >>
Janet Cuthbertson v James Fisher. [1693] 4 Brn 100 (12 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040100-0233.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Janet Cuthbertson v. James Fisher
Date: 12 December 1693
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In the case of Janet Cuthbertson against James Fisher, the Lords found the general discharges passed betwixt Inglis and Fisher, at Martinmas 1681, did not include the bonds whereto Fisher had right by assignation standing in his person before the date of the said discharge, in regard they were neither expressed therein, nor given up as discounted; nor could they be satisfied by three years' intromission with the rents of the house; which was all the subject matter that Fisher had to account for in 1681; and it appeared his said intromission was exhausted otherwise than by ascribing it to these bonds.
