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Scottish Court of Session Decisions >>
Andrew Urie v James Scott. [1693] 4 Brn 58 (26 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040058-0139.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Andrew Urie v. James Scott
Date: 26 January 1693
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Mr. Andrew Urie's pursuit against James Scott, sherifF-clerk of Edinburgh, was readvised; and the Lords altered their interlocutor, and found, that these words ’ of the faculty of contracting debts,’ were not to be taken disjunctively and simply by itself, but to be conjoined with the preceding clauses of granting wadsets and infeftments, as appears by these words, ’ of contracting debts thereupon,’ and the copulative and; which must necessarily import, by giving a real right upon the land; and, therefore, found Mr. James, the father, had not exerced the faculty in its specific reserved terms, and assoilyied his son. Yet see 12th July, 1671, Lermont. Nota.—The Lords were equally divided in this cause, and the President's vote carried it for James Scott.
