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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Factor for the Children of Archibald M'Harg v M'Laurroch. [1778] 5 Brn 578 (5 February 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1778/Brn050578-0672.html
Cite as: [1778] 5 Brn 578
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[1778] 5 Brn 578
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 REPARATION
Date: Factor for the Children of Archibald M'Harg
v.
M'Laurroch
5 February 1778 Click here to view a pdf copy of this documet : PDF Copy
Archibald M'Harg, writer, being employed, in sua arte, to make up titles to the estate of Nether Craigenlay, in the person of M'Laurroch, his client, he did so. But it was alleged, that he did so in an improper and inept manner, by entering him heir in general to his grandfather, and not heir of provision
on a contract of marriage. He had both characters in him; so that it was not agreed that M'Harg had committed any mistake. However, independent of this, the Lords sustained action for his account, and the Lord Elliock, Ordinary, having decerned for his account, the Lords, on a reclaiming petition without answers, adhered. It would have been of very dangerous consequence had they done otherways. The neglect must be of a different kind to infer damages.
The electronic version of the text was provided by the Scottish Council of Law Reporting