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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Lord Elibank v Alexander Auchmouty. [1665] 1 Brn 510 (1 February 1665)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Lord Elibank
v.
Alexander Auchmouty
1 February 1665 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at the Lord Elibank's instance against Alexander Auchmouty, who had a wadset of some part of his land, whereof the rents did far exceed the annualrents of the money, this action being founded upon the Act of debtor and creditor; and Auchmouty alleging there was a clause in the contract, whereby the Lord Elibank did renounce the benefit of all acts to be made in favours of debtors restricting wadsets;—
The Lords found, That, notwithstanding thereof, he behoved to count; and that the Act of Parliament did not extend to the defender's pursuit.
Page 24.
The electronic version of the text was provided by the Scottish Council of Law Reporting