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Scottish Court of Session Decisions >>
James Cleland, and other Creditors of Boyd of Pinkill, v Boyd Of Pinkill's Relict. [1696] 4 Brn 340 (15 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040340-0725.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Cleland, and other Creditors of Boyd of Pinkill, v. Boyd Of Pinkill's Relict
Date: 15 December 1696
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James Cleland, and other Creditors of Boyd of Pinkill, against the Lady, was reported. In July last there were 500 merks modified to her for an aliment during the dependence of the process of competition; but the extracting being stopped by the creditors till this Session, it was now objected by the creditors, That the Lords, by the Act of Parliament in September last, are discharged to grant aliments except upon process, and after cognition taken.
Answered,—The Act can have no influence nor retrospect to an aliment modified before, and that very deliberately done.
The Lords found the Act of Parliament did not reach this case, and decerned.
