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Scottish Court of Session Decisions >>
Lord Newbyth v James Stewart [1677] 3 Brn 131 (00 February 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030131-0151.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
Lord Newbyth v. James Stewart
1677.
February.
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James Stewart having a wadset on the lands of Foord, my Lord Newbyth, who had purchased them lands by a declarator, contended they were paid by intromission; and if anything was owing in the count and reckoning, offered to give it in; since he had a very lucrative wadset, and much beyond the annualrent of his money. Alleged,—He was not bound to count for the superplus, because his right was a proper wadset, nowise liable to count and reckoning, by the 62d act of the Parliament 1661.
