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Scottish Court of Session Decisions >>
M'Brair v Crichton. [1683] Mor 6793 (22 November 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1606793-003.html Cite as:
[1683] Mor 6793
Subject_1 INDEFINITE INTROMISSION. Subject_2 SECT. I.
Applicable in duriorem sortem.
M'Brair v. Crichton
Date: 22 November 1683 Case No. No 3.
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A grandfather's debt being secured by apprising, and stated against the grandchild, the intermediate mails, which were in bonis of the father, were ascribed towards payment of the apprising, as being durior sors, and not in payment of the father's debt.
Fol. Dic. v. 1. p. 459. P. Falc. Stair. Fount. Harc.
*** See P. Falconer's report of this case, No 123. p. 2655., and Stair, Fountainhall, and Harcarse's reports, No 13. p. 5245.
