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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth Bannerman v John Salmond. [1753] 1 Elchies 41 (28 July 1753) URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies010041-029.html Cite as: [1753] 1 Elchies 41 |
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[1753] 1 Elchies 41
Subject_1 ARRESTMENT.
Elizabeth Bannerman
v.
John Salmond
1753 ,July 28 .
Case No.No. 29.
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Bannerman recovered decreet of forthcoming against Salmond, which he suspended, for that he had lawfully paid the debt to the original creditor, who had obtained letters
loosing the charger's arrestment. Answered, The arrestment was not sufficiently loosed unless the letters had been intimated to her, for such is the style of the letters. Lord Woodhall suspended the letters simpliciter;—and on a reclaiming bill, without answers, we adhered, for the style of the letters is no more than a continuation of what was the necessary style of them before the act 1717, but was since quite unnecessary and disused.
The electronic version of the text was provided by the Scottish Council of Law Reporting