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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Alexander Home v The Laird of Langtoun. [1636] 1 Brn 359 (10 February 1636)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Mr Alexander Home
v.
The Laird of Langtoun
10 February 1636 Click here to view a pdf copy of this documet : PDF Copy
In a declarator-general, pursued by Mr Alexander Home, of the escheat of Sir Alexander Home, apparent heir of Manderstoun,—compears the Laird of Langtoun, one of Sir Alexander's creditors, and alleges, No declarator; because the gift is taken to the rebel's behoof, the donatar being no creditor himself. To the which it was replied, That he is a creditor, in so far as he is cautioner to the rebel, in a contract containing the sum of 6000 merks, to Peter Home of Harcarse; which contract the said Peter had registrate, and served inhibition thereupon against the said donatar. To the which it was answered, That the said Peter Home was in possession of the lands of Gomdcowden for his annualrent, and the donatar is not charged nor distressed for the principal sum. The Lords found the registration of the contract and inhibition a sufficient distress.
2d MS. Page 63.
The electronic version of the text was provided by the Scottish Council of Law Reporting