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Scottish Court of Session Decisions >>
Ogilvie of Milton v - . [1681] 3 Brn 410 (19 July 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030410-0581.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Ogilvie of Milton v. -
Date: 19 July 1681
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The Lords assoilyied from a spuilyie, though it was proven that the messenger poinder was not a messenger for several months after the poinding, as appeared by his act of admission long posterior; and this only because it was alleged he was habitus et reputatus a messenger, and so they restricted it to simple restitution. Which some judged very strange.
