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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Chambers v Hugh Lumsden. [1649] 1 Brn 425 (1 December 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010425-1140.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Patrick Chambers
v.
Hugh Lumsden
1649 .December 1 and4 .Click here to view a pdf copy of this documet : PDF Copy
The reason of suspension by Patrick Chambers against Hugh Lumsden, who, by the commissary of St Andrews his precept of arrestment, the said Hugh being commissary-clerk himself, had obtained decreet to make the arrested goods forthcoming, the commissary having subscribed it for his clerk; the said reason, I say, founded upon sundry nullities; but specially, that there was no probation of the debt against the principal debtor, nor warrant of instruction mentioned in this decreet charged upon;—the same was, by the Lords, found relevant, and both commissary and clerk found to have done wrong.
Page 76.
The electronic version of the text was provided by the Scottish Council of Law Reporting