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Scottish Court of Session Decisions >>
Lady Kincarden, Petitioner. [1680] 3 Brn 373 (10 November 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030373-0503.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Lady Kincarden, Petitioner
Date: 10 November 1680
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Lady Kincarden craved that her son's estate might also be rouped for the use of the creditors, as to the casual rent of coal and salt: which was done, but far below the former tack-duty; which was thought not to proceed as if the coal were become worse or wasted, but by collusion, that the superplus of the tack-duty might secretly come in to the Lady and her son.
But I think the creditors might, to avoid this cheat, take it in their own hands, and offer caution to account for more.
