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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Gardner v Brown, &c. [1741] 1 Elchies 33 (10 July 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010033-006.html Cite as: [1741] 1 Elchies 33 |
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[1741] 1 Elchies 33
Subject_1 ARBITRATION.
Captain Gardner
v.
Brown, &c
1741 ,July 10 .
Case No.No. 6.
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The Lords, in respect this was a question of rights of lands, and that the submission, at least as to Burnton, was plainly no more than verbal, they found the same not binding, and therefore altered the Ordinary's interlocutor;—but 10th January 1739 they altered, and sustained the decreet-arbitral.—13th July 1738.
The Lords found, that a submission not containing any penalty, nor power to the arbiter to decern in one, the penalty of L.5 in this case is not due, and found no damages or expenses due,—10th July 1741.
The electronic version of the text was provided by the Scottish Council of Law Reporting