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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Guthrie and Williamson v Gordon. [1711] Mor 6799 (2 February 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor1606799-009.html
Cite as: [1711] Mor 6799

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[1711] Mor 6799      

Subject_1 INDEFINITE INTROMISSION.
Subject_2 SECT. II.

Preferable right. - Ubi est parata executo. - Jus nobilius. - Applicable in sortem ejusdem generis.

Guthrie and Williamson
v.
Gordon

Date: 2 February 1711
Case No. No 9.

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One having, at his entering to the possession of teinds, two expired apprisings of them, and a disposition thereof in security of a sum, and the said apprisings having been afterwards opened, and turned to securities, the Lords allowed him to ascribe his intromissions wholly to the apprisings medio tempore, till the same were opened, thereby to defend himself from accounting for his intromissions in that interval.

Fol. Dic. v. 1. p. 460. Forbes.

*** This case is No 121. p. 1020.

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


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