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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Adam Muschat v The Earl of Glencairn. [1669] 1 Brn 594 (14 July 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010594-1503.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Adam Muschat
v.
The Earl of Glencairn
14 July 1669 Click here to view a pdf copy of this documet : PDF Copy
Adam Muschat, having granted bond to the Earl of Glencairn for the sum of 7400 merks, for his proportional part of the penalties incurred by usurers since the year 1633 to the year 1668, conform to a gift granted to the Earl's father, did suspend upon this reason;—That the bond was conditional, viz. That in case there should be any stop put to the gift, or interruption made, he should be only liable according to intromission; and subsumed, that, by an Act of Privy Council, the execution of the said gift was stopped until further order: And albeit the Act of Council was after the time contained in the condition, yet there being many penalties not yet exacted as to bygones, he ought only to count according to intromission.
The Lords, notwithstanding, found the letters orderly proceeded; in respect the gift continued in force during the whole time of the condition of the bond; but superseded execution until Whitsunday thereafter, that, in case the Act of Council were taken off, he might do diligence.
Page 69.
The electronic version of the text was provided by the Scottish Council of Law Reporting
