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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Smith v His Brothers and Sisters. [1738] 1 Elchies 329 (10 January 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010329-001.html Cite as: [1738] 1 Elchies 329 |
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[1738] 1 Elchies 329
Subject_1 PERSONAL AND REAL.
Creditors of Smith
v.
His Brothers and Sisters
1738 ,Jan. 10 .
Case No.No. 1.
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Delayed (12th July 1737) till we see the decision in the case of Pittodrie.
The Lords found by the conception of the clause that it was a real burden, (albeit expressed with the burden of the payment) and found it effectual, though not inserted in the sasine otherwise than by a reference. Arniston was much against the first part, but it carried by a great majority, 26th July.—10th January 1738, The Lords Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting