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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbell and Gladstones v Thomas Makgill. [1649] 1 Brn 440 (20 December 1649)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Campbell and Gladstones
v.
Thomas Makgill
20 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension against Mr Thomas Makgill, upon a bond granted by Campbell and Gladstones, the reason [was] upon a decreet, obtained before the bailies, for re-delivering of the said bond, which was long since registrate, and now charged upon. The Lords would see the process whereupon the said decreet was given, because it seemed to be given without probation, at least the diets confounded: and, as to the matter itself, the bond, registrate long before the decreet, could not be taken out of the register; likeas, it behoved to stand there, to prove precariam possessionem, for suffering the suspender's chimney-heads to be amended, by making a scaffold upon the said Mr Thomas his roof to that effect; and the most they could crave was a discharge to be registrate, if the damage contained in the said bond was satisfied.
Page 105.
The electronic version of the text was provided by the Scottish Council of Law Reporting