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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blackwood v Russell, &c. [1734] 1 Elchies 30 (11 December 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Elchies010030-001.html
Cite as: [1734] 1 Elchies 30

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[1734] 1 Elchies 30      

Subject_1 APPEAL.

Blackwood
v.
Russell, &c

1734, Dec. 11.
Case No. No. 1.

Click here to view a pdf copy of this documet : PDF Copy

The Lords found the creditors subscribing not found, in respect the other creditors who were preferable did not sign. My reason was, and was the opinion of the Lords, that the reversal of the judgment, if it had been obtained, would have been beneficial to the whole creditors not appealing as well as Mr Blackwood; and in case Mr Blackwood had prevailed, he could not have been bound in the terms of the contract to communicate his rights to the less preferable creditors signing, since the preferable creditors did not sign, and would be preferable to him.

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/1734/Elchies010030-001.html