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Scottish Court of Session Decisions >>
Alexander Fraser of Philorth v The Magistrates of Aberdein. [1665] 2 Brn 413 (18 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020413-0675.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Alexander Fraser of Philorth v. The Magistrates of Aberdein
Date: 18 February 1665
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Alexander Fraser of Philorth, as donatar to the liferent escheat of Sir Alexander Fraser of Fraserburgh, his godsire, charges the Provost, Bailies, and Council of Aberdein, to deliver to him two great fleiting tuns and four small ones, with their iron chains, iron girts, wedges, mells, gavelocks, and other ornaments and pertinents which were lent to them by the said Sir Alexander, and which they were ordained to redeliver by a decreet of the Lords in 1643. This charge they suspend 1mo, That they are not the Magistrates that were in office the time that decreet was pronounced against the town, and so are strangers thereto. 2do, The charge ties them to an impossibility, to wit, to redeliver them in six days. Now they, are of so huge a quantity, that they cannot be transported by land; and by sea its thirty-six miles betwixt Aberdeen and Fraserburgh, (where the charger dwells,) and the seas are now troublesome. 3tio, The suspenders were ever, (as they are likewise now,) most willing to redeliver them, as appears by an offer thereof made by them to Philorth in 1652, and instruments taken thereupon that he refused. 4to, In case of their not delivery of the tuns themselves, offer the value and prices of them, as they shall be liquidated by indifferent and judicious men, they being really worth L.2000. 5to, The charge is general, and so no obedience can be given thereto; it condescends not on the pertinents; it condescends not on the manner how they should be delivered, nor the place whereat, &c.
The Lords find the letters orderly proceeded; ordain them to be redelivered to Philorth; supersede execution till the 1st of June next to come.
Act. for Philorth, Pat. Fraser.Alt. Sir Thomas Wallace.
Signet MS. No. 89, folio 64.
