[1753] Mor 16431
Subject_1 USURY.
Date: Sir Michael Stewart
v.
Earl of Dundonald
7 February 1753
Case No.No. 36.
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William Cochrane, at a time when his elder brother, having two sons, was alive, who were all preferable in succession to the estate and honours of Dundonald, granted a bond to John Stewart, proceeding on a narrative of a certain sum advanced, and obliging himself to pay 100 guineas as soon as he or his heirs should succeed to the estate and dignities of Dundonald. The condition having been purified in the year 1725, and a process brought on the bond in the year 1745; the Lords found the bond void and null, reserving to the consideration of the Court, whether the money which had been advanced ought to be repaid, on proof of the amount.
*** This case is No. 61. p. 9514. voce Pactum Illicitum.
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