Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010291-0751.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Caldwell v Robert Stirk. [1629] 1 Brn 291 (7 July 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010291-0751.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Caldwell
v.
Robert Stirk
7 July 1629 Click here to view a pdf copy of this documet : PDF Copy
Robert Stirk, tenant in a tenement in Dumfermling, buys the heritable right of the same from Caldwell. The contract of alienation, containing a procuratory of resignation, is dated the 4th of November and the buyer is seised shortly after Martinmas. There is no reservation contained in the contract of the maills of the house from Whitsunday to Martinmas. The anailyier pursues for the said term's maill. The Lords assoilyie the buyer; because the contract and procuratory was subscribed before Martinmas, and no reservation made of the said term's maill.
Page 105.
The electronic version of the text was provided by the Scottish Council of Law Reporting