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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Muir, Writer to the Signet, v Shaw of Grimmelt, &c. [1681] Mor 3477 (14 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0803477-008.html
Cite as: [1681] Mor 3477

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[1681] Mor 3477      

Subject_1 DILIGENCE.
Subject_2 SECT. I.

Diligence prestable by Apprisers.

John Muir, Writer to the Signet,
v.
Shaw of Grimmelt, &c

Date: 14 January 1681
Case No. No 8.

Click here to view a pdf copy of this documet : PDF Copy

One appriser offers to prove another paid within the legal, in so far as he had taken a decreet for mails and duties against the tenants of the whole lands, and ought to count conform; seeing, by this decreet, others having real rights compearing and competing on their said rights, were excluded from intromission. The Lords found John Muir liable to count according to that decreet, seeing others were excluded, except he can instruct he did diligence against the tenants, and could not recover payment.

Fol. Dic. v. 1. p. 237. Fountainhall, MS.

*** The same case is reported by Stair, No 13. p. 301.

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/1681/Mor0803477-008.html