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Subject_1 PACTUM ILLICITUM.
Date: Brown of Carsluith
v.
Muir of Craig
30 November 1736
Case No.No. 8.
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A Bargain betwixt a creditor and debtor made at the time of the loan, whereby if the debtor should sell certain lands, he was bound to sell them to the creditor at 7000 merks, and the creditor bound to pay that price for them, was first found lawful, but to subsist only during the life of the obligants, and not to endure forever, 1st July 1736; but was thereafter found to be contra bonos mores, and not binding upon the debtor. (See Dict. No. 15. p. 9461.)
The electronic version of the text was provided by the Scottish Council of Law Reporting