Subject_1 GENERAL DISCHARGES and RENUNCIATIONS. Subject_2 SECT. I.
General clauses in Discharges presumed to comprehend Personal Debts.
Lady Balmachewn v. Alexander Waddel
Date: 3 July 1613 Case No. No 1.
A general discharge in a decree arbitral, found to comprehend a process of spuilzie.
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In an action betwixt the Lady Balmachewn and Alexander Waddell, there being an exception proponed upon an unlawful discharge centained in a decreet arbitral which discharged the Lady, it was found by the Lords, that the said general discharge was as valid as if there had been a special discharge; and so it behoved to exoner the Lady of Balmachewn her son, who was also called in the spuilzie; but it was to be considered whether the action of spuilzie was intended before or after the said general discharge.
