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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 Airth v The Lairds of Quarrel. [1682] 2 Brn 26 (00 December 1682) URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020026-0075.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
The Laird of Airth
v.
The Lairds of Quarrel
1682 .December .Click here to view a pdf copy of this documet : PDF Copy
The Laird of Quarrel elder, being debtor to my Lord Elphingston, in the sum of 2000 merks, not bearing annual-rent, and my Lord Elphingston being debtor to my Lord Torphichen in the like sum bearing annual-rent,—young Quarrel was assigned thereto, and pursued my Lord Elphingston; who craved compensation, in respect young Quarrel being in familia, it is presumed he acquired the debt pursued for by his father's means; and that the course of annual-rent ought to sist from the date of his right. The Lords,—in respect old Quarrel was cautioner with Bonhard for the like sum to my Lord Torphichen, and the bond contained an obligement to infeft in old Quarrel's land;—found, that Torphichen's bond was acquired by the father's means; and so sustained the compensation, although the son was only bound in the clause of relief to Bonhard and the father.
Page 60, No. 254.
The electronic version of the text was provided by the Scottish Council of Law Reporting
