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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Masterton and Graham v Andrew Stewart. [1632] 1 Brn 338 (1 December 1632)
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Cite as: [1632] 1 Brn 338

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[1632] 1 Brn 338      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Robert Masterton and Graham
v.
Andrew Stewart

Date: 1 December 1632

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Robert Masterton and Graham pursue Archibald Stewart for the sums addebted to them by bond, bearing annualrent and expenses. Other creditors of the said Archibald, compear, and allege, That if annualrent and expenses be allowed to the pursuer, nothing or little will be left among them, who are content to quit a great part of their just debt. The Lords, in respect of the inhability of the debtor, and that some help might be gotten to the rest of the creditors, will neither allow annualrent nor expenses to the pursuers, albeit one of the pursuers's bond bears annualrent.

Page 39.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1632/Brn010338-0897.html