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[1680] 3 Brn 363      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

The Town of Edinburgh
v.
James Scot, Sheriff-Clerk of Lothian

Date: 30 June 1680

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In a suspension, the Town of Edinburgh against Mr James Scot, sheriff-clerk of Lothian, collector of the taxation imposed by the convention of the States in July 1679, for the hospital lands; the Lords found that, by an express clause of the said Act of convention, such lands as they could instruct were allocated and mortified to the use of their hospitals before 1656 were free of this cess; but the hospital's naked possession of them, though never so long, was not enough to give them the privilege and exemption: and find, though by mistake they paid for their lands, it lays no obligation on them so to continue, it being indebite solutum.

Vol. I. Page 105.

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/1680/Brn030363-0480.html