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Scottish Court of Session Decisions >>
Mr Rory Mackenzie of Prestonhall and Macleod of Appin v John Drummond and George Watson, Merchants. [1695] 4 Brn 246 (18 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040246-0556.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Rory Mackenzie of Prestonhall and Macleod of Appin v. John Drummond and George Watson, Merchants
Date: 18 January 1695
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Crocerig reported Mr Rory Mackenzie of Prestonhall, and Macleod of Appin, against John Drummond and George Watson, merchants, for £900 Scots of salvage, given by a written contract, for saving some shipwrecked goods from the country-people's plunder, and wherein the Admiral had decerned: Against whose decreet this iniquity was objected, That he had made them answer summarily on a petition. Answered,—1mo. It is usual to table processes before the Admiral by way of complaint; 2do. They passed from this declinator, by proponing other defences, and taking out a commission for trying the quality of the goods delivered, and if they were conform to the inventory. Replied,— That the defending before a court is no homologation, or passing from a prior defence; being actus necessarius, and involuntary.
The Lords repelled the strangers and their factors.
