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Scottish Court of Session Decisions >>
Sir Andrew Murray v Lord Drumcairn and Viscount Stormonth. [1695] 4 Brn 256 (29 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040256-0573.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir Andrew Murray v. Lord Drumcairn and Viscount Stormonth
Date: 29 January 1695
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Rankeiler reported Sir Andrew Murray against my Lord Drumcairn, his brother, and the Viscount of Stormonth, his nephew, for ratifying of a disposition made to him by Stormonth's tutors, in his minority, conform to Drumcairn's express obligement.
The Lords found him liable in solidum for the damage, in case of his not obtaining the ratification, and not pro rata parte, as he contended; and repelled that reason of reduction on minority and lesion, that, by the book of sales, there appeared to be fifteen bolls of victual of concealed rent, in respect of the disposition produced by Sir Andrew, which was entire, and not vitiated, as their double was.
