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The facts of the case and the question raised are clearly stated in the note of the Lord Ordinary, issued with his interlocutor sustaining the defences.
Note .—‘The facts in this case are not disputed; and they raise, very purely, the two pleas in law on which the defences are founded.
The Lord Ordinary having heard the counsel for the parties on the closed record, and whole process, and made avisandum, sustains the defences, assoilzies the defenders from the whole conclusions of the action, and decerns: Finds expenses due.’
Lord Ordinary, Jeffrey. Act. Dean of Fac. (Hope,) and Jo. Wilson. Alt. Sol-Gen. (Rutherfurd,) G. Moir. R. Laidlaw, S. S. C. and Hugh Handyside, W. S. Agents. R. Clerk.
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Common Room
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