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[1669] 2 Brn 442      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Wadsets

Date: 24 June 1669

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In a debate betwixt —— and ——, found that a ratification of a wadset, made before the act of Parliament anent debtor and creditor, is in effect a new wadset, and has that same effect in law that a wadset made after the act of Parliament has. For it is clear by the act of Parliament it is only understood of wadsets preceding the same; and that parties may take proper wadsets after the act, without any hazard of being countable for the superplus of the rents more nor exceeds the rent of the money, as formerly was in use before the act of Parliament.

Act. Sinclar. Alt. Lockart. Advocates' MS. folio 60.

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/1669/Brn020442-0744.html