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[1693] 4 Brn 99      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Clackmannan's Creditors

Date: 6 December 1693

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The Lords also, on his [Mersington's] report, modified 500 merks, to be paid by the factor of Clackmannan, to the creditors who were carrying on the sale of the estate, for defraying the expense of the process; and declared they would, at the advising, consider off whom it should come: though it seems most equitable that it should defaulk in cumulo and pro rata from the haill. Only, the preferable creditors said, We ought to bear no part of it, in regard we are sufficiently secure in omnem eventum. But that is only for their annualrent;— they can never raise their principal sums but by a roup.

Vol. I. Page 575.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040099-0230.html