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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Marshall v Laird of Streichan. [1682] Mor 3551 (00 February 1682)
URL: https://www.bailii.org/scot/cases/ScotCS/1682/Mor0903551-009.html
Cite as: [1682] Mor 3551

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[1682] Mor 3551      

Subject_1 DISCHARGE.
Subject_2 SECT. II.

Discharging the Debtor different from discharging the Debt.

Earl of Marshall
v.
Laird of Streichan

1682. February.
Case No. No 9.

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

Found, that three consecutive discharges for three several years, granted by a chamberlain, put in by the English the time of my Lord Marshall's sequestration, did not cut off bygones, but that the pursuer mighty pursue for the same. Here the discharge for one of the years was two partial discharges for 24 bolls of victual, which was full teind-duty for that year; which the Lords thought did not alter the case, seeing the presumption is from the party's having had bygones thrice under consideration when he granted the three discharges, (which one discharge for three years would not operate) and here bygones were four times under consideration.

Harcarse, (Discharges.) No 416. p. 111.

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


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URL: https://www.bailii.org/scot/cases/ScotCS/1682/Mor0903551-009.html