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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Kersellan v Thomas Brown. [1749] 1 Elchies 504 (21 July 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010504-008.html Cite as: [1749] 1 Elchies 504 |
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[1749] 1 Elchies 504
Subject_1 WADSET.
Robert Kersellan
v.
Thomas Brown
1749 ,July 21 .
Case No.No. 8.
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The Lords unanimously adhered to my interlocutor finding redemption not now competent so many years after the lapse of the lime limited for the redemption, viz. Martinmas 1704; during all which time Brown has possessed as proprietor though he was infeft only in 1715, and though the reverser's heirs have for the most of that time been minors; for they thought that this was no pignus or wadset, but truly a sale for a competent price redeemable in a limited time, but without any power on the wadsetter to require his money.
The electronic version of the text was provided by the Scottish Council of Law Reporting