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Upon this letter being produced to George Williamson, he sold the turnips and straw to James Williamson, and received his bill for L.70. He did not, however, deliver this bill to Mr Forbes, but applied the proceeds to his own use.
The Court unanimously altered the Lord Ordinary's inter-locutor, and remitted the cause to the sheriff, with instructions to assoilzie the defender from the conclusions of the libel to the extent of L.70 sterling and interest.
Lord Gillies —The principles upon which the Lord Ordinary has decided are quite correct; but the whole mistake arises from its being supposed that the sequestration had been withdrawn. This was not the case. So far from it being withdrawn, it was carried into effect by the sale, the price to be paid through the sub-tenant.
Lord President —The case is substantially the same as if the landlord had desired the price to be paid into a particular bank, which afterwards failed—there could be no claim in such a case against the principal tenant.
Lord Ordinary, Corehouse. Act. Keay, Moir. Daniel and Ross, Agents. Alt. Skene, Maconochie. William Forbes, W. S. Agent. D. Clerk.
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Common Room
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