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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Heirs of Sir James Rochead v Executors. [1739] 5 Brn 670 (10 July 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Brn050670-0813.html

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[1739] 5 Brn 670      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.

Heirs of Sir James Rochead
v.
Executors

Date: 10 July 1739

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The question here was, Whether a moveable bond to heirs and executors compensates a bond secluding executors?

The Lords found, That it did, upon this specialty, that the money lent upon the moveable bond appeared evidently to be given in payment of the heritable bond, though there was a bond taken rather than a discharge, for certain reasons of expediency. As to the general point, some of the Lords were not clear.

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/1739/Brn050670-0813.html