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Mr William Dalgardno v Robert Keith of Lentush. [1694] 4 Brn 197 (20 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040197-0440.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr William Dalgardno v. Robert Keith of Lentush
Date: 20 July 1694
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The Lords found, seeing it was not a special legacy, but out of the whole moveables, and you having transacted and given a bond for a sum, and got abatement, it is no reason to liberate you, that you offer to prove now, that you had loss by the executry; seeing it was a bargain in gross, and per aversionem, and whereof you took the hazard. And as to the £800 bond, the Lords found it an intrinsic quality, that he should get a discharge of a prior obligement; therefore, though the Lords decerned, yet they superseded execution till the discharge were delivered simul et semel. Some were for superseding extract; but the other carried it.
