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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Shade
v.
Margaret Hamiltoune
14 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the discussion of John Shade his suspension against Margaret Hamiltoune, it was much debated anent the delivery of the goods contained in the commissary's decreet, and thereafter in several suspensions; because he was ready to deliver those that he had, viz. ipsa corpora; but that he could not be obliged for the whole contained in the commissary's decreet, which was given against him and three others, seeing decreets are not given against parties conjunctly and severally, but according to ilk person his intromission; which might be known best by the probation deduced before the commissaries decerned in the cause. And it was ridiculous to make any objection of vicious intromission, to make the defender liable for the defunct his debts, ubi corpora requiruntur restituenda.
Page 60.
The electronic version of the text was provided by the Scottish Council of Law Reporting