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Scottish Court of Session Decisions >>
The Earl of Hume v Hume. [1678] Mor 9498 (30 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2309498-045.html Cite as:
[1678] Mor 9498
Members of the College of Justice buying pleas. - Pactum de quota litis.
The Earl of Hume v. Hume
Date: 30 July 1678 Case No. No 45.
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The Earl of Hume gave in a complaint against Mr Patrick Hume, advocate, bearing, that Mr Patrick had taken right to a plea, anent Coldinghame, depending against the Earl of Hume, and therefore craved that he might be deprived, conform to the act of Parliament against Members of the College of Justice buying pleas. The defender answered, That, both by the law, and this statute, there was nothing to impede persons to give or take in free gift, but only prohibiting them to buy, or to purchase pleas for money, while depending; but, in this case, the defender had a disposition from Frank Stuart, his cousin-german, of Coldinghame freely, without giving any thing therefor.
The Lords found the defence relevant, and refused the bill.
