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[1649] 1 Brn 441      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Alexander Eleis
v.
James Loche

Date: 21 December 1649

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In the suspension, Mr Alexander Eleis against James Loche, who had charged for 6000 merks; the reason offered to be proven for this first part,—that he never borrowed any from the said James, but that it belonged to Janet Loche, spouse to Mr Nicoll Edward, and so to her husband jure mariti, for whom he had paid much more,—was not found relevant, but the letters decerned to be put to farther execution, for principal and penalty. Neither would the Lords have the said James burdened with production of an alleged backbond; since the said Janet got this 6000 merks for quitting her infeftment, that her husband's creditors might be satisfied.

Page 107.

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/1649/Brn010441-1187.html