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John Law, Writer, v Archibald Ker, Factor for the Estate of Monkton. [1695] 4 Brn 262 (8 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040262-0586.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Law, Writer, v. Archibald Ker, Factor for the Estate of Monkton
Date: 8 February 1695
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The question was, Whether the factor was bound to hold count to John Law, a creditor-arrester, who had obtained a decreet of forthcoming against the tenants, on their oaths, confessing what rents they owed, conform to that decreet; or only for the sums contained in a decreet which the factor had obtained against them, wherein many deductions were allowed them, and payments subsequent to John Law's diligence.
The Lords found the factor only liable conform to his own decreet; but, in so far as any articles were unwarrantably paid, or collusion appeared, they rectified the same, allowing John Law recourse against the tenants who had exhausted the fund of his payment.
