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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Rait v The Creditors of Alexander Irving. [1669] 1 Brn 592 (7 July 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Robert Rait
v.
The Creditors of Alexander Irving
7 July 1669 Click here to view a pdf copy of this documet : PDF Copy
The said Robert Rait having bought from Irving the lands of Swattoun, and given bond for the price thereof, with a provision, That he might retain as much as would satisfy all real burdens, and as much as would establish a right in his person; which price was arrested by Irving's creditors; and likewise some of them, having assignations, did charge for payment: The said Rait did suspend upon double poinding; wherein, there being a count and reckoning, he did crave allowance of his disbursements, and raising of suspension, and for his attendance and discussing thereof, and of what he had given to advocates and clerks, extending to about £300; which he craved the creditors to allow, as Irving himself would be obliged, if he were pursuing.
The Lords finding that the suspender might have consigned the money, and have been free of annualrent, and all considerable charges,—they only modified the sum of £50 to be detained from the creditors; and found, that they were not in a like condition liable as Irving would have been, if he had been pursuing.
Page 62.
The electronic version of the text was provided by the Scottish Council of Law Reporting