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Scottish Court of Session Decisions >>
James Graham v Samuel Soulton. [1687] 3 Brn 653 (23 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030653-1003.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 23 November 1687
James Graham v. Samuel Soulton
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The Lords advised the probation in James Graham, bailie of Edinburgh, his process against Samuel Soulton and the other owners of the Calmar. He had transacted with one Chapman in Kirkaldy, for his part of that ship, and afterwards viis et modis he retired that discharge and cancelled it; and then pursued the other partners for his share, and before the Admiral gave an oath, which was alleged to be contradictory.
The Lords found the tenor of his discharge to Chapman proven, and the trust made out, and therefore assoilyied the defenders.
