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Scottish Court of Session Decisions >>
Isobel Findlason v Lord Cowper. [1667] Mor 16464 (22 January 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3716464-003.html
Effect of a precept to pay, directed to one, who writes on the bottom of it a precept on another.
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Elphinstoun of Selmes having given a precept to Isobel Findlason, and directed to the Lord Cowper, that he should pay to the said Isobel a sum owing by Selmes to her, and receive Selmes' bond from her, upon the foot of which precept, the Lord Cowper directs another precept to James Gilmore to pay the said sum; the woman not being paid, pursues both the Lord Cowper and James Gilmore for payment. It was alleged for James Gilmore, Absolvitor, because he had not accepted the precept, neither was there any ground alleged for which he was obliged to accept, or pay the Lord Cowper's precept.
