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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lamington v Kincaid. [1627] Mor 4443 (2 March 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor1104443-008.html
Cite as: [1627] Mor 4443

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[1627] Mor 4443      

Subject_1 FOREIGN.
Subject_2 DIVISION. I.

Foreign Writs, formal according to the Law of the place, afford action in Scotland, as obligatory jure gentium.
Subject_3 SECT. III.

Extracts.

Lamington
v.
Kincaid

Date: 2 March 1627
Case No. No 8.

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Extract of a bond made in Bourdeaux, subscribed only by the Tabellion, which bears, that a party subscribed a bond insert in his register, is sustained by the Lords to furnish action, because it was known to the Lords that it was the custom of that part to make the bond after that form;—and because the bond bore damage and interest, the Lords modified and restricted the interest and damage to the annualrent of 10 for each hundred, so long as the principal sum was unpaid.

Fol. Dic. v. 1. p. 317. Auchinleck, MS. p. 15.

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/1627/Mor1104443-008.html