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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Lord Stranraer v Sir Robert Gordon of Eubo. [1677] 1 Brn 781 (8 February 1677)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The Lord Stranraer
v.
Sir Robert Gordon of Eubo
8 February 1677 Click here to view a pdf copy of this documet : PDF Copy
The Lord Stranraer having pursued Sir Robert Gordon of Eubo, as one of the three commissioners for managing his estate, for making full count thereof, according to the rental,—it was alleged, That the commission was never delivered to him, nor was he required to meet with the other two; and all that he ever did being but as a friend, to assist the chamberlains, and sometimes to uplift money for my Lord's use, which he had so employed, he could not be farther liable but for his actual intromission.
It was replied, That, by the defender's own missive letters, he declared that he was acquainted with the commission, and that he was willing to serve my Lord; and, having formerly intromitted before the commission, and managed the whole estate, he ought to be liable, not only for his intromission, but for diligence against the tenants; especially the commission being registrated.
The Lords, having considered the commission, that it did not bear any salary or allowance for pains; and it not being proven that he did accept thereof, being required, with other two who were joint with him; they did assoilyie from doing diligence, and found him only liable for actual intromission.
Page 633.
The electronic version of the text was provided by the Scottish Council of Law Reporting