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URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor218993-118.html
Cite as: [1688] Mor 8993

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[1688] Mor 8993      
Subject_1 MINOR.
Subject_2 SECT. VII.

Lesion in extrajudicial proceedings.

Sir David Thoirs
 v.
Tolquhon

1688. June.
Case No. No 118.

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In a reduction of a disposition intented upon minority and lesion, it was alleged for the defender, That he, besides the price mentioned in the disposition, was obliged, for his own security, to buy in a debt, whereon inhibition had been served against the disponer.

Answered, The lesion must be considered with relation to the price, and no subsequent right or debt can be conjoined to hinder the reduction; besides, the pursuer offers to purge the ground of the inhibition.

The Lords reduced.

 Harcarse, (Minority.) No 720. p. 203.

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/1688/Mor218993-118.html