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[1687] 3 Brn 660      

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

Blair of Dunskey


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The case of Blair of Dunskey and was reported by Balcasky. The reason of suspension was, that the bond charged on was granted for the price of a boat, which was evicted from him; and the charger, though assignee, knew it to be for that cause; and so it was causa data causa non secuta.

The Lords found his private knowledge not relevant, nor equivalent as if that cause had been inserted in the bond; reserving his recourse of warrandice against the seller.

Vol. I. Page 488.

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/1687/Brn030660-1013.html