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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gray v Campbell. [1629] Mor 10023 (12 June 1629) URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2410023-004.html Cite as: [1629] Mor 10023 |
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[1629] Mor 10023
Subject_1 PAYMENT BEFORE HAND.
Date: Gray
v.
Campbell
12 June 1629
Case No.No 4.
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Some feu mails, for divers years and terms to come, paid and advanced to the heritor or liferenter, or any other having right to the lands, by the tenants, is not allowed to liberate the payer of those terms which were not come the time of making of the payment, if he, to whom the payment was made, shall happen to be denuded of his right, in favours of any other, before the expiring of these terms, the duties of which terms will pertain to him, who then shall have right to the land, notwithstanding of the tenant's payment making to his master before hand, the master then having a right undenuded, but prejudice of the tenant's relief against the master to whom he paid, or for whom he paid to another, there being no real deed done by the tenant to affect the land to him, whereby to retain the duties for his relief.
The electronic version of the text was provided by the Scottish Council of Law Reporting