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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Callender of Craigforth, v the Laird of Lundin. [1707] 5 Brn 38 (20 Feb 1707) URL: http://www.bailii.org/scot/cases/ScotCS/1707/Brn050038-0030.html Cite as: [1707] 5 Brn 38 |
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[1707] 5 Brn 38
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, Reported By REPORTED BY WILLIAM FORBES, ADVOCATE.
Date: John Callender of Craigforth,
v.
the Laird of Lundin
20 Feb 1707 Click here to view a pdf copy of this documet : PDF Copy
John Callender having pursued the Earl of Melfort to pay a debt, which he referred to his oath; for taking whereof a commission was granted to the English consul at Genoa, where the Earl resided at the time, to be reported the first day of July, 1695; the Earl was forfeited on the second day of the said month of July, and in February thereafter, John Callender obtained the term to be circumduced, for not reporting the commission.
The Lords found, That the decreet of circumduction in February, 1696, holding the late Earl of Melfort as confest after he had been forfeited, cannot constitute a debt to prejudge the Laird of Lundin, donator to the forfeiture. Because a circumduction after the forfeiture could no more infer a debt against the king or his donator, than the rebel's confession, or giving bond could do.
Page 133.
The electronic version of the text was provided by the Scottish Council of Law Reporting
