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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mine Adventuring Company v Brown. [1749] 1 Elchies 128 (16 November 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010128-007.html Cite as: [1749] 1 Elchies 128 |
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[1749] 1 Elchies 128
Subject_1 FACTOR.
Mine Adventuring Company
v.
Brown
1749 ,Nov. 16 .
Case No.No. 7.
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Brown being appointed by Sir Robert Clifton overseer of his mines, and by his orders laid out considerable sums and borrowed sums to be repaid out of the first of the produce, Sir Robert assigned his right to this Company. They got possession of the mines, but a farm of M'Farlane's taken by Sir Robert upon which furnaces and other expensive works were erected was still retained by Brown; and the Company pursued a summary removing before the Sheriff of Dunbarton, who ordered him to remove. But on report by Lord Drummore of an advocation, we found he had right to retain these subjects till the assignee pay or find caution for what shall be found remaining due to Brown, and therefore remitted to the Ordinary to pass the bill.
The electronic version of the text was provided by the Scottish Council of Law Reporting