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Lord Halton v The Laird of Ayton. [1672] 2 Brn 613 (00 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020613-1020.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Halton v. The Laird of Ayton
1672.
January.
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In a case betwixt my Lord Halton and the Laird of Ayton about a comprising of Glastry, (bought in by Argyle,) which was founded on a gift of escheat given in 1664 to Andrew Patersone, without any back-bond to be countable, the Lords restricted the gift, and consequently the comprising, to Patersone's true debt, as if he had given back-bond, because, by an act of Exchequer, no gifts should be given without back-bonds. Upon which his just debt was found more than paid by his intromission, and so the comprising fell in consequence. Vide infra, No. 382, [December 1672, Stuart against Stuart's heirs.]
