BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnew and Muir v Agnew of Croich. [1687] Mor 12364 (14 June 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2912364-153.html
Cite as: [1687] Mor 12364

[New search] [Printable PDF version] [Help]

[1687] Mor 12364      
Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. IV.

Payment and Consignation how relevant to be proved.

Agnew and Muir
 v.
Agnew of Croich

Date: 14 June 1687
Case No. No 153.

Click here to view a pdf copy of this documet : PDF Copy

The Lords found, in the case of Agnew and Muir contra Agnew of Croich, That the delivery of victual for extinguishing the irritancy of a back-tack in a wadset was probable by witnesses; though it took away writ, and might extinguish the whole wadset. They had formerly found this satisfaction and payment probable by witnesses for extinguishing an infeftment of annualrent, 4th February 1671, Wishart, No 3. p. 9978.; but had not extended it to wadsets till now.

 Fol. Dic. v. 2. p. 224. Fountainhall, v. 1. P. 456.

***A similar decision was pronounced, 7th January 1662, Lauderdale against Tenants of Swinton, No 5. p. 10023. voce Payment before Hand.

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

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2912364-153.html