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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mathieson's Creditors v Robertson. [1738] 1 Elchies 27 (18 January 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010027-005.html Cite as: [1738] 1 Elchies 27 |
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[1738] 1 Elchies 27
Subject_1 ANNUALRENT.
Mathieson's Creditors
v.
Robertson
1738 ,Jan .18 .
Case No.No. 5.
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The Lords found, that the consignation in Bailie Arbuthnot's hands stopped the course of interest, and therefore adhered to the Ordinary's interlocutor as to that point; Renitentibus Kilkerran, Munzie, Murkle, Arniston, et me. What moved them was the special circumstances of the case, especially the previous demand of the money by the trustees; but they thought, (particularly the President and Kilkerran) that in the common case of a debtor by bond, the consignation ought to be in the hands of the clerk of the bills, with a bill of suspension.
The electronic version of the text was provided by the Scottish Council of Law Reporting