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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v Wood. [1621] Mor 215 (20 December 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor0100215-012.html
Cite as: [1621] Mor 215

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[1621] Mor 215      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 NATURE and EFFECT of this DILIGENCE.

Smith
v.
Wood

Date: 20 December 1621
Case No. No 12.

Whether apprising precludes personal execution?


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In an action betwixt Smith, burgess of Edinburgh, and Wood, wherein Smith charging the party personally for sums of money addebted to him, the other excepting, that Smith had comprised the debtor's land for that same sum, whereupon he had taken sasine, and thereby alleged that the personal execution ought to cease: The Lords found, that the creditor might have recourse to his personal execution, notwithstanding of the comprising and sasine, seeing the compriser offered to renounce the comprising, and make resignation of the lands comprised rebus integris, he having no intromission further, nor profit of the money, which the Lords found he might lawfully do, notwithstanding of the sasine.

Clerk, Hay. Fol. Dic. v. 1. p. 15. Durie, p. 7.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor0100215-012.html