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Scottish Court of Session Decisions >>
John Murray v Sir Patrick Aikenhead's Bairns. [1700] 4 Brn 484 (21 February 1700)
URL: http://www.bailii.org/scot/cases/ScotCS/1700/Brn040484-0928.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
John Murray v. Sir Patrick Aikenhead's Bairns
Date: 21 February 1700
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In a case between Mr John Murray and Sir Patrick Aikenhead's Bairns, a horning being given in by mistake to be registrate, when the debtor had paid and satisfied it; the Lords granted warant to the Clerk, (seeing it was only noted in the minute-book, and not yet recorded, being quarrelled de recenti,) to score it in the minute-book, and not to registrate it, but in place thereof to record this bill and deliverance for his warrant, seeing the denunciation was preposterous and unwarrantable. And this was done to secure him against the certification of the 14th Act of Parliament 1693, importing deprivation: though this takes away the jus quœsitum fisco; and the regular method is to relax and take the gift of their own escheat; yet, when the diligence appears evidently to have been illegal, and is not recorded, the Lords have been in use to relieve the subjects of the expensive way of passing a gift through the seals.
