Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010157-0354.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Wilson v Alexander Hay. [1628] 1 Brn 157 (2 June 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010157-0354.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: John Wilson
v.
Alexander Hay
2 June 1628 Click here to view a pdf copy of this documet : PDF Copy
John Wilson was reponed against a decreet obtained against him by Alexander Hay, upon this reason, that it was gotten under assurance given him by Hay not to call the said matter. Another reason was added, That the ground of the decreet was upon a debt owing by an heritable bond, which, belonging to the creditor's heir, the action was only competent to him, and not to the executor, who had pursued it. Which reason was found relevant likewise.
Page 294.
The electronic version of the text was provided by the Scottish Council of Law Reporting