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[1693] 4 Brn 72      

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

Brown of Thorniedykes
v.
David Maitland

Date: 15 February 1693

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Brown of Thorniedykes, present factor to the estate of Lauderdale, against David Maitland, the late factor. The Lords found, that David was not accountable conform to the tenor of the commission, but in the terms of the bond that he gave in to the creditors at his acceptance; and that it would regulate both the term at which his intromission was to begin, and the lands whereof he was to uplift the rent; unless they could prove he had entered upon the said commission before he qualified it by that accepted bond, because he uplifted the former term's rent by another title.

Vol. I. page 560.

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/1693/Brn040072-0171.html