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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040211-0477.html

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[1694] 4 Brn 211      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

William Menzies of Raw, Petitioner

Date: 14 November 1694

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William Menzies of Raw, apparent heir to Major Menzies, desired the Lords' allowance to uplift the rents, till he might deliberate whether he would enter or not, on his finding sufficient caution to make them forthcoming to all parties having interest, that they may not perish medio tempore. The Lords, minding they had refused it last session to Wood of Bonnyton, and that it was of dangerous consequence to put apparent heirs once in possession, (though on caution,) they refused this bill, though the annus deliberandi was yet running. If he had applied for having a factor named, or to have the rents sequestrated in a neutral party's hands, the Lords would have considered it.

Vol. I. Page 642.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040211-0477.html