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action Agents agree agreement alleged allowed amount answer appears appellant apply argued authority averments Bain bound building burgh called carry circumstances claim clause Company competent conclusion condition consider contract Counsel course Court death decision decree deed defenders discharge doctrine doubt duty effect entitled Establishment evidence existence expenses expressed fact Free Church funds further give given Glasgow granted ground hand held hold intended interest judgment lands lease liability Liquidators Lord Ordinary maintained marriage matter meaning ment necessary objection opinion paid parties payment person position possession present principle proof proved pursuer question railway raised reason received reclaimed referred regard respect respondent Scotland sect seems shares Sheriff Sheriff-Substitute statement statute taken tion trustees United whole