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[1687] Mor 16610      

Subject_1 WARRANDICE.

Earl of Marshall
v.
Scot of Lethem

1687. February.
Case No. No. 69.

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Lethem being pursued on a contravention of a clause of warrandice, contained in a contract of alienation, he offered to repone the pursuer in his own place, and refund expenses.

Answered for the pursuer: That res was not integra, he having in contemplation of that bought in another prior right.

The Lords sustained the defence of reponing, &c.

Harcarse, No. 1018. p. 289.

*** The like defence was sustained for Sir John Sinclair against Lord Southesk, June, 1687. Ibidem.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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