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[1693] 4 Brn 105      

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

John Duncan, Merchant in Dundee,
v.
Crighton of Ruthvens

Date: 19 December 1693

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The Lords repelled the reasons of suspension, that the debt was arrested in the Laird of Nevoy's hands, who was correus debendi, and conjunct principal in the bond with Ruthvens; seeing the arrestment was of an old date, past five years ago, and Nevoy was dead, and no process of forthcoming insisted in; but, to secure the debtor, Ruthvens, they ordained Duncan, the charger, to find caution to secure them against the arrestment.

Vol. I. Page 580.

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/Brn040105-0243.html