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Scottish Court of Session Decisions >>
Earl of Marshall v Laird of Streichan. [1682] Mor 3551 (00 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0903551-009.html Cite as:
[1682] Mor 3551
Discharging the Debtor different from discharging the Debt.
Earl of Marshall v. Laird of Streichan
1682.
February. Case No. No 9.
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Found, that three consecutive discharges for three several years, granted by a chamberlain, put in by the English the time of my Lord Marshall's sequestration, did not cut off bygones, but that the pursuer mighty pursue for the same. Here the discharge for one of the years was two partial discharges for 24 bolls of victual, which was full teind-duty for that year; which the Lords thought did not alter the case, seeing the presumption is from the party's having had bygones thrice under consideration when he granted the three discharges, (which one discharge for three years would not operate) and here bygones were four times under consideration.
