Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010410-1091.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gray and Fisher, v Whytebanke. [1649] 1 Brn 410 (7 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010410-1091.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Gray and Fisher,
v.
Whytebanke
7 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension between Gray, Fisher, and Whytebanke, the reason was found relevant, dipping upon the nullity of the decreet, where an inferior judge took upon him to declare a failyie in a contract; which kind of process, as also modifications, are only proper to the Lords. And sustained the action of ejection and spuilyie for repossession only.—Vide infra, page 414.
Page 46.
The electronic version of the text was provided by the Scottish Council of Law Reporting