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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Monteith v The Laird of Carse. [1627] 1 Brn 143 (24 March 1627) URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010143-0316.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: James Monteith
v.
The Laird of Carse
24 March 1627 Click here to view a pdf copy of this documet : PDF Copy
Mr James Monteith having got a bond of 20,000 merks of his brother, the Laird of Carse, charged him to enter heir to his father in such lands, that he might have execution upon his bond, by comprising the said lands, conform to the Act of Parliament 1621. The Laird offering to renounce, it was contro
verted whether he could or not; seeing the reason why one is heard to renounce to enter heir to his predecessors, is only to free himself of his predecessors' burdens, which in this case was not, because it was the defender's own debt, and so he could have no benefit by his renunciation. Yet the Lords suffered him to renounce. Page 137.
The electronic version of the text was provided by the Scottish Council of Law Reporting
