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Major Wishart v James Roome. [1692] 4 Brn 31 (21 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040031-0063.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Major Wishart v. James Roome
Date: 21 December 1692
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The Lords thought the evidences adduced by Wishart, that Roome took that disposition made by Wishart to D. Spence, Roome's factor, in satisfaction of the debt owing by Wishart to Roome, or if it was only in farther corroboration of his debt, not so clear; therefore, before answer, they fixed upon that point, that Roome having arrested D. Spence at London for this debt of Wishart's, as well as others, and having entered into a submission with him on all, there followed a decreet-arbitral and award; which submission being without Wishart's consent, was a novation of the former security; and ordained these writs to be produced before answer.
