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Scottish Court of Session Decisions >>
The Earl of Southesk v Sir Thomas Nicolson of Tillicoutry. [1687] 3 Brn 659 (8 December 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030659-1011.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 8 December 1687
The Earl of Southesk v. Sir Thomas Nicolson of Tillicoutry
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Southesk's action against Sir Thomas Nicolson of Tillicoutry was reported by Edmonston. This was for repetition of L.500 Scots, which was alleged indebite paid by Southesk to Tillicoutry, the defender's father, more than was resting at the time. Answered,—It must be presumed to have been for some preceding terms' annualrents. Which presumption the Lords sustained to stop condictionem indebiti, unless Southesk would prove the preceding annualrents were paid aliunde.
