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Scottish Court of Session Decisions >>
Gordon v Anderson. [1748] Mor 16203 (8 June 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor3716203-040.html Cite as:
[1748] Mor 16203
Bills granted to a purchaser, by a trustee, for the purpose of adjudging, not sustained as proof of partial payments against his constituents.
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An assignee in trust, in order to adjudge, having, after the sale of the lands, got partial payments from the purchaser, and, because the scheme of division was not then made, granted his bills for the money; in a process against the purchaser, at the instance of the persons for whose use the adjudication was led, the Lords “Found the purchaser could have no allowance of those payments;” although it was evident, from the circumstances of the case, that between the trustee and purchaser these bills were intended as no other than an interim instruction of so much of the price of the lands; and that notwithstanding a former decision in the case of the Creditors of Pittedie, where, in the like case, such bills had been sustained as payments to the purchaser.
