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Scottish Court of Session Decisions >>
Fotheringham of Poury v Alexander Rait. [1694] 4 Brn 136 (1 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040136-0310.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Fotheringham of Poury v. Alexander Rait
Date: 1 February 1694
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Philiphaugh reported Fotheringham of Poury against Alexander Rait's cessio bonorum. The Lords sustained this defence to stop his liberation, That the jailer's testificate did not bear the time of his continuance in person; because they had a sham trick of getting such declarations on their coming into the tolbooth for a little time; and found it also relevant that he possessed some part of the brewery, &c. but thought it not sufficient that he carried money with him; seeing he must live, and this beneficium cessionis is ex humanitate et miseratione.
