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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reid v Scot of Harden and his Lady. [1687] Mor 9505 (13 January 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2309505-054.html
Cite as: [1687] Mor 9505

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[1687] Mor 9505      

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. XI.

Sponsiones ludicræ. - Game Debt. - Premium for procuring a Wife. - Private Lotteries.

Reid
v.
Scot of Harden and his Lady

Date: 13 January 1687
Case No. No 54.

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Reid the mountebank pursues Scot of Harden and his Lady, for stealing away from him a little girl, called the tumbling-lassie, that danced upon his stage; and he claimed damages, and produced a contract, whereby he bought her from her mother for L. 30 Scots. But we have no slaves in Scotland, and mothers cannot sell their bairns; and physicians attested the employment of tumbling would kill her; and her joints were now grown stiff, and she declined to return; though she was at least a prentice, and so could not run away from her master; yet some cited Moses' law, that if a servant shelter himself with thee against his master's cruelty, thou shalt surely not deliver him up. The Lords renitenti Cancellario assoilzied Harden on the 27th of January.

Fountainhall, v. 1. p. 439.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor2309505-054.html