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Decisions of the Lords of Council and Session (Volume 1-2); From 1766 to 1791

Decisions of the Lords of Council and Session (Volume 1-2); From 1766 to 1791


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1826 Excerpt: ... 1729, Elizabeth, the second daughter, and William Couts, her husband, conveyed to Geddes of Scotston the adjudication for 10,000 merks, which they had deduced in January 1726. The conveyance bore this clause, --"With the burden of L.1000 Scots, decerned to be paid to Janet Anderson, fourth daughter of the said Mr Thomas Anderson, and Robert Nicol, her husband, for his interest, out of the sum of 10,000 merks, conform to a decreet of the Lords of Session, obtained against him for the same." About this time, 1729, a process was raised for ranking the creditors, and for sale of the subjects of Thomas Anderson. In 1732 decreet of ranking was pronounced. In the ranking, Scotston produced the adjudication which had been led by Elizabeth, the second daughter, and her conveyance to him: the clause burdening the conveyance with L.1000 Scots is verbatim recited in the decreet of ranking. Upon this interest Scotston was preferred, secundo loco, for the principal sum and interest, with the burden of the said sum of L.1000 Scots, decerned to be paid out of the said William Couts's adjudication to Robert Nicol, &c. This L.1000 Scots is expressly excepted out of Scotston's oath on the verity of his debt. The preferences of creditors having been adjusted, the subjects were exposed to sale by order of the court: On the 9th November 1734, they were purchased by Scotston. However, he paid no part of the price; his bond remained unretired in the hands of the clerk of process. Soon after, Scotston sold the tenements to different persons: those purchasers made up feudal titles to the tenements, and again disponed them to others. Janet, the fourth daughter, as having right to the L.1000 Scots, upon Elizabeth's adjudication, insisted in an action of maills and duties against the te...


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Product Details
  • ISBN-13: 9781235768651
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 270
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235768651
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 485 gr


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