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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gillon v Baillie [1835] CA 13_977a (25 June 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0977a.html
Cite as: [1835] CA 13_977a

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SCOTTISH_Shaw_Court_of_Session

Page: 977↓

Gillon

v.

Baillie
No. 297.

Court of Session

1st Division

June 25 1835

Ld. Fullerton. D.

William D. Gillon, and Others,     Pursuers.— Keay— A. Wood. Sir William Baillie,     Compearer.— Sol.-Gen. Cuninghame.

(Ranking and Sale of Cult and others).

Subject_Proof—Payment.—

This was a special case involving a question of fact, whether the late Lord Polkemmet had, in 1816, paid up a sum of £15, 11s. 6d., being the balance of a portion of the estate of Cult, bought by his lordship at the price of £4040, in the process of ranking and sale of that estate, &c., and the greater part of which sum had been paid in 1796 and 1797.

The Court, differing from the Lord Ordinary, held the evidence of this fact to be insufficient, and found accordingly.

Solicitors: A. Swinton, W.S.— D. Manson, S.S.C.—Agents.

SS 13 SS 977 1835
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