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Scottish Court of Session Decisions >>
John Irvine v Brown of Carsluith. [1684] 3 Brn 509 (21 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030509-0772.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Irvine v. Brown of Carsluith
Date: 21 March 1684
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Harcus reported the debate between John Irvine in Dumfries, and Brown of Carsluith;—and the Lords found a back-bond granted by Maxwell of Coull, Irvine's cedent, not being precisely correspective nor relative to the bond charged on, though of one date, did not meet Irvine, who was an assignee, unless it were without an onerous cause, or for the cedent's behoof, or that the backbond founded on had expressly related to the bond charged on, and the one had been made the cause of the other; which was Hector Mackenzy's case in 1676, and Arthur Forbes's with the Master of Salton, in November 1673.
