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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Young, Supplicant. [1678] 2 Brn 231 (2 July 1678) URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn020231-0498.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: Alexander Young, Supplicant
2 July 1678 Click here to view a pdf copy of this documet : PDF Copy
Alexander Young gave in a bill of suspension, bearing, That he had a protection from the King, upon payment of annualrents; and that he offered the annualrent to the messenger, and yet he put him in prison by caption: and offered yet the annualrent, and craved liberty.
The Lords refused the bill, in respect that the protection being conditional, he paying his annualrents, that condition not being fulfilled before incarceration, the protection had no effect; neither was the messenger a competent judge to cognosce upon annualrents, or receive the same; nor did this party produce a discharge of the last term's annualrent; and, therefore, the Lords would not suspend the principal sum, upon consignation of the annualrent, without other reasons against the principal sum.
Vol. II, Page 626.
The electronic version of the text was provided by the Scottish Council of Law Reporting
