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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nasmith v Jaffray. [1662] Mor 2070 (25 July 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0502070-001.html
Cite as: [1662] Mor 2070

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[1662] Mor 2070      

Subject_1 CAUTIO MUTIANA.

Nasmith
v.
Jaffray

Date: 25 July 1662
Case No. No 1.

Click here to view a pdf copy of this documet : PDF Copy

A Legacy being left conditionally, ‘if the legatar follow the executor's advice,’ the legacy was found due; but the Lords declared, in case the legatar followed not the executor's advice, he should be liable to refund; but they would not oblige him to find caution to that effect, the condition being so general.

Fol. Dic. v. 1. p. 123. Stair, v. 1. p. 125.

*** See The particulars of this case, voce Heritable and Moveable.

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


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