[1750] 5 Brn 779
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
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4 January 1750 Click here to view a pdf copy of this documet : PDF Copy
[Kilk. No. 1, Rebellion.]
The question here was concerning a horse that had been taken by the rebels in the 1745, and was retaken by an officer, and afterwards found in the possession of another officer, from whom the proprietor now demands him.
The Lords found, That the second officer was obliged to restore him, or pay the price of him at the time he was challenged.
N.B. Lord Elchies and the President thought that the owner must pay the price that the possessor paid for him to the first officer.
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