BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Douglas v Young. [1613] Mor 14736 (17 June 1613)
URL: http://www.bailii.org/scot/cases/ScotCS/1613/Mor3414736-023.html Cite as:
[1613] Mor 14736
Click here to view a pdf copy of this documet : PDF Copy
In an action of reduction of a decreet of ejection and spuilzie pursued by Mr. John Douglas against Adam Young, the Lords found that a discharge granted to one Adam Lundie of the actions of ejection and spuilzie, without any mention of sums of money paid therefore, was not relevant to infer liberation aliis debendi. Thereafter it was replied in fortification of the reason founded upon the discharge of the sum, &c. which reply the Lords found relevant, notwithstanding that the discharge was made with this express reservation, viz. without prejudice of his action against the rest of the persons convened, and also notwithstanding of the tenor of the discharge, which bears the one express clause, and makes no mention of sums paid; and likewise the Lords found this reply probable by witnesses, notwithstanding the same was direct contrary to the writ, but they declare the witnesses shall be examined in their own presence.
