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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Home v Nasmyth. [1600] 5 Brn 520 (00 January 1600) URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050520-0561.html Cite as: [1600] 5 Brn 520 |
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[1600] 5 Brn 520
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
The Earl of Home
v.
Nasmyth
Click here to view a pdf copy of this documet : PDF Copy
Nasmyth, Creditor to the Earl of Home, sent (August 1774,) a procurator, with a notary, messenger, and, to poind the furniture of Hirsel, for a debt of L.333 due by bond. Captain Elphinston interfered, and prevented a poinding, by giving a draught on his banker at Edinburgh for the money. The procurator insisted for L.36 of expenses, or to poind for the penalty. To prevent this a draught was given for this sum also ; out of which the procurator, notary, messenger, and concurrents were paid. A complaint was given in complaining,—1mo, That the account was most exorbitant; 2do, That exacting expenses from the debtor was contrary to Act of Sederunt 1738. It was Answered,—That the account was moderate, and was settled without objection. Secundo, The notary, and messenger, and concurrents, exacted nothing. It was
the procurator who did all; they received payment only after they came to town. It went to an Ordinary.
The electronic version of the text was provided by the Scottish Council of Law Reporting
