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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kincaid v Haliburton. [1625] Mor 3471 (2 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor0803471-001.html
Cite as: [1625] Mor 3471

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[1625] Mor 3471      

Subject_1 DILIGENCE.
Subject_2 SECT. I.

Diligence prestable by Apprisers.

Kincaid
v.
Haliburton

Date: 2 July 1625
Case No. No 1.

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Even after the act 6th, Parl. 1621, an appriser is only liable to account for actual intromissions, and not for what he might have intromitted with; for he is not bound to intromit with any more than he pleases, or to do diligence.

Fol. Dic. v. 1. p. 236. Durie.

*** See This case, No 1. p. 314.

*** The like was decided in a case, Tutor of Balmaghie contra Maxwell, 16th January 1634, No 2. p. 283.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor0803471-001.html