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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Heirs of Sir James Rochead v Executors. [1739] 5 Brn 670 (10 July 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Brn050670-0813.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: Heirs of Sir James Rochead
v.
Executors
10 July 1739 Click here to view a pdf copy of this documet : PDF Copy
The question here was, Whether a moveable bond to heirs and executors compensates a bond secluding executors?
The Lords found, That it did, upon this specialty, that the money lent upon the moveable bond appeared evidently to be given in payment of the heritable bond, though there was a bond taken rather than a discharge, for certain reasons of expediency. As to the general point, some of the Lords were not clear.
The electronic version of the text was provided by the Scottish Council of Law Reporting