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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Closburne v Gilpatricke. [1649] 1 Brn 426 (4 December 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010426-1141.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: The Laird of Closburne
v.
Gilpatricke
4 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the redemption at the Laird of Closburne his instance against Gilpatricke,—the Lords found, That bags sealed by Gilpatricke his seal, having the note of the monies contained in every one written by the said Gilpatricke closed in the said bags at the Whitsunday, to have been a sufficient numeration to sustain a posterior order at the Martinmas following, where the superplus not offered at the Whitsunday was then consigned.
And here may be seen a longer disputation in such cases, but specially anent a contract usurary, where the lender of monies not in the contract of wadset, but apart, will have the borrower to give him an eleven years' tack of a roum for 200 merks, which was the duty paid before the same tack ; but the receiver thereof, lender of the money, turned it into 400, incontinent as he got it. But, upon trial had, they were agreed.
Page 77.
The electronic version of the text was provided by the Scottish Council of Law Reporting
