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James Inglis, Minister, v Abercrombie's Factor and Tenants in East Barns. [1692] 4 Brn 30 (21 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040030-0060.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Inglis, Minister, v. Abercrombie's Factor and Tenants in East Barns
Date: 21 December 1692
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The Lords refused to repone the said factor to his defence of bona fide payment, not only in respect of the circumduction in the decreet in foro, but also because his factory only empowered him to uplift and sell the victual, and to pay to the creditors as they should be ranked; and ita est Mr. Inglis is preferred to Charteris, to whom the factor has paid; and it is not just to make factors arbiters and judges, to pay to what creditors they please.
