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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - - v Young, &c. [1763] 5 Brn 640 (28 January 1763)
URL: http://www.bailii.org/scot/cases/ScotCS/1763/Brn050640-0787.html
Cite as: [1763] 5 Brn 640
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[1763] 5 Brn 640
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 WRIT.
Date: - -
v.
Young, &c
28 January 1763 Click here to view a pdf copy of this documet : PDF Copy
In a reduction of a discharge of a trifling legacy of ₤20 Scots, inter rusticos nearly connected, the Lord Auchinleck, Ordinary, by interlocutor, pronounced this judgment:—“Having considered the debate, the smallness of the sum, the relations of the parties to one another, and their rusticity, sustains the defence of the discharge produced, and assoilyies the defender, and decerns.” But his Lordship altered, and “Having considered the positive enactment of the statute 1681, which does not appear from the practice of the Court to have been departed from in cases such as the present, finds the writing founded on by the defenders, as a discharge, is null.”
The Lords refused a petition, without answers, and adhered. The reduction was at the instance of a creditor of the legatee.
The electronic version of the text was provided by the Scottish Council of Law Reporting