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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James M'Gie, Tutor of Balmagie, v John Maxwell of Drumcoultron. [1633] 1 Brn 345 (7 December 1633) URL: http://www.bailii.org/scot/cases/ScotCS/1633/Brn010345-0918.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James M'Gie, Tutor of Balmagie,
v.
John Maxwell of Drumcoultron
7 December 1633 Click here to view a pdf copy of this documet : PDF Copy
James M'Gie, tutor of Balmagie, comprised, from John Maxwell of Drumcoultron, certain lands, whereof the lands of Cocklix was a part; and, after the expiring of the legal reversion, pursues John Maxwell for removing from the said lands of Cocklix. It is excepted for John Maxwell, That he cannot be decerned to remove from the said lands; because, he offers him to prove, that the compriser was satisfied of the haill sums for which he had comprised, by intromission with the maills and duties of the said lands before the expiring of the legal reversion. To the which it was replied, That this exception cannot be received hoc loco, but he must be decerned to remove, reserving action to him for count and reckoning, when he should pursue. The Lords sustained the exception in this action of removing, the defender finding caution for the violent profits, in case of failing in proving of his exception after count and reckoning.
Page 40.
The electronic version of the text was provided by the Scottish Council of Law Reporting
