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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rankeillour Sibbald v Laird Leslie, Newtoune Gordone, and Avachie. [1649] 1 Brn 440 (21 December 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010440-1185.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Rankeillour Sibbald
v.
Laird Leslie, Newtoune Gordone, and Avachie
21 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action of suspension, Rankeillour Sibbald against Laird Leslie, Newtoune Gordone, and Avachie,—suppose the Lords,—in a former decreet, wherein Rankeillour had given his oath upon an arrestment used by Laird Leslie for a debt aughting to him by the said Laird of Newtoune, to whom Rankeillour was debtor,—had decerned against him, at Laird Leslie his instance; yet the Lords thought tho reason of suspension reasonable and relevant, that he had retention of the 5000 merks addebted to Newtoune, in respect of Newtoune's back-bond to Rankeillour, dated some few days after the contract of marriage, aye and while his daughter had been secured of her conjunct-fee and liferent; for the which Rankeillour has done diligence since syne, in putting Newtoune to the horn, he not being able to do any farther; and, in the meantime, he has but the retention of a part of the tocher for entertaining his daughter, who has nothing else.
Page 105.
The electronic version of the text was provided by the Scottish Council of Law Reporting
