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John Makieson v John Ramsay. [1624] Mor 9449 (20 March 1624)
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[1624] Mor 9449
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John makieson being pursued by John Ramsay, Prior Letham, for payment of 500 merks, excepted upon a promise of Mr Simon Ramsay's, (who was donatar to John Ramsay's escheat), never to seek it of him. Replied, That the donatar had put the pursuer in his own place again.——The Lords sustained the charge, because they thought that he being reponed, could not be prejudged by any promise of his donatar.
Fol. Dic. v. 2. p. 18. Spottiswood, (Promise.) p. 248.