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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: William Scot
v.
James Brown
11 January 1650 Click here to view a pdf copy of this documet : PDF Copy
William Scot, having right to the escheat of Robert Andersone, as also being executor-creditor to him, pursues James Brown, merchant, upon intromission with some tuns of wine taken out of this Robert's cellar. Where it was excepted, That he cannot be liable to the pursuit, seeing he offers to prove that these wines were his own, and bought from him by the said Robert, but, not being paid for, might be well meddled with by him, especially seeing he had the provost's warrant. To the which it was replied, That the said Robert being dead, who coft the wine and transported them to his own cellar, the said James should have been executor-creditor to him, or should have obtained some sentence, that he might intromit legally, seeing venditor sequitur fidem emptoris quoad pretium persolvendum, nec habet ullam in rebus venditis hypothecam.
Page 156.
The electronic version of the text was provided by the Scottish Council of Law Reporting