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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir James Colquhoun v James Hamilton. [1773] Hailes 532 (1 July 1773)
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Cite as: [1773] Hailes 532
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[1773] Hailes 532
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Date: Sir James Colquhoun
v.
James Hamilton
1 July 1773 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Col. VI. 194; Dict. 8743.]
Hailes. This seems the worst of all good votes.
Kennet. I think this is not a good vote. Here is not a wadset, for there is no sors.
Pitfour. Wherever there is a wadset or pledge, there must be a debt. There cannot be an accessorium without a principale.
Gardenston. There are many easy ways of making votes; but this will not answer.
Auchinleck. We may safely say that this is not an usurious wadset.
On the 1st July 1773, the Lords altered their former interlocutor, and found Hamilton wrongfully enrolled, and therefore ordered him to be expunged.
Act. A. Lockhart. Alt. Ilay Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting