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Scottish Court of Session Decisions >>
Mowat v M'Lellan. [1625] Mor 9496 (6 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor2309496-042.html Cite as:
[1625] Mor 9496
Members of the College of Justice buying pleas. - Pactum de quota litis.
Mowat v. M'Lellan
Date: 6 July 1625 Case No. No 42.
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In an action of spuilziation of six kine, pursued by James Mowat, writer, against M'Lellan, it was alleged, That he cannot be heard to pursue that action, being a Member of the Session, and being pursued only by him as assignee made by that person, from whom the kine were alleged to have been spuilzied, and so not competent to have been pursued by a Member of the Session, being a bought plea, conform to the act of Parliament; the Lords sustained this action at the assignee's instance, notwithstanding of the allegeance, and act of Parliament, in respect that there was never any action intented upon that spuilzie at the cedent's own instance; and that the pursuer was not made assignee to an action, but to the deed of spuilziation.
