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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Douglas v Leith. [1611] Mor 3547 (20 June 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0903547-005.html
Cite as: [1611] Mor 3547

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[1611] Mor 3547      

Subject_1 DISCHARGE.
Subject_2 SECT. I.

Discharge of one Correus how far it operates in favour of others.

Douglas
v.
Leith

Date: 20 June 1611
Case No. No 5.

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In an action of spuilzie pursued by Mr Thomas Douglas, minister at Balmirnoch, contra David Leith, the Lords fand an exception relevant, founded upon a discharge given to Alexander Smith, one of the parties, notwithstanding it was provided in the transaction, that it should not prejudge Mr Thomas against the remanent defenders.

Fol. Dic. v. 1. p. 244. Kerse, MS. fol. 197.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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