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Scottish Court of Session Decisions >>
Robert Hamilton v The Viscount Oxenford. [1683] 3 Brn 462 (16 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030462-0699.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 16 March 1683
Robert Hamilton v. The Viscount Oxenford
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The action Mr Robert Hamilton of Pressmennan, as Collector to the Lords of Session of their rents and taxations, against the Viscount of Oxenford, being advised; the Lords assoilyied Oxenford, in respect of the discharge given to his father by the Lords of Session, and found no circumvention, (it were a shame to confess the Lords had been cheated;) and that, Mr Robert Hodge and the other sub-collectors being put in by the Lords, and not by him, he was not liable for them.
(Yet see Halton's case of the Mint, 20th January 1683.) But, in regard there was an error in calculo of £1600 Scots founded on, they referred it to my Lord Pitmedden to calculate and discuss it; and found the defender's father might retain his own fifteenth part of their rents, as one of the Lords of Session, those years that he and others were put out de facto (and not de jure,) by the Usurper, between 1651 and 1660; though he did not serve for it.
