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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> P. Crawfurd v Tacksmen of Langtown. [1737] 1 Elchies 195 (15 November 1737)
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[1737] 1 Elchies 195      

Subject_1 HYPOTHEC.

P Crawfurd
v.
Tacksmen of Langtown

1737, Nov. 15, 29.
Case No. No. 7.

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In this case, (which see No. 6.) the first point decided was the defence of steel-bow. Arniston and I and others doubted whether the defence might not be good, if there was proper steel-bow. Arniston restricted his doubt to the steel-bow straw and corn; but as we agreed, that here there was no steel-bow legally constituted, we adhered to the Ordinary's interlocutor repelling the defence of steel-bow. But before answer whether liable in valorem or universally, and whether the cattle remained hypothecated for rent 1735, (which would not be determined if they are liable universally,) allowed a diligence for proving the way and manner of stopping the poinding, and whether there was any violence, and the degree thereof. 29th November, Refused a reclaiming bill without answers.

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/1737/Elchies010195-007.html