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Fergusson of Craigdarroch v Wilson. [1687] 3 Brn 604 (14 January 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030604-0924.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 14 January 1687
Fergusson of Craigdarroch v. Wilson
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Fergusson of Craigdarroch pursues Wilson for payment of the price of a house. Alleged,—By the bond, you are tied to purge certain inhibitions. Answered,—I will find caution to secure you against them.
The Lords, on Edmonston's report, ordained the decreet to be extracted, as to the annualrents, (seeing they were in possession of the land;) and, as to the principal sum, sustained the defence founded on the inhibition, until the same be purged; and ordained the pursuer to exhibit the progress and other writs to the defender, upon oath, and the defender to condescend on his damage and prejudice through the want of the Earl of Nithsdale's consent; and likewise to condescend on such writs as are wanting in the progress: and remitted to Edmonston to consider the progress and the damage, and to report.
