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Scottish Court of Session Decisions >>
Ogilvie v Lyon. [1729] Mor 16200 (00 February 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor3716200-035.html Cite as:
[1729] Mor 16200
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A debt was assigned in trust, in order to lead an adjudication. The adjudication was led upon the trust-debt, and several others belonging to the trustee; but there being many preferable diligences, the trustee bought in one of them, and by virtue thereof got into possession. In a process at the cedent's instance against his trustee, to account for his intromissions, it was found, That the apprising purchased in by the trustee could not expire in his person in prejudice of the apprising led at his instance as trustee for the pursuer, but that the same must be understood as purchased in for their common behoof, the pursuer always being liable for his proportion of the money paid for the purchase.—See Appendix.
