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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cranston v L. of Eastnisbit. [1622] Mor 64 (20 July 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor0100064-002.html
Cite as: [1622] Mor 64

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[1622] Mor 64      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 APPRISING.

Cranston
v.
L of Eastnisbit.

Date: 20 July 1622
Case No. No 2.

The want of a previous charge of horning found to be a nullity in a comprising.


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In an action, depending betwixt John Cranston and the L. of Eastnisbit, a bond of this tenor and nature being conceived, whereby the party obliged, was bound to pay the sum then borrowed, and to infeft the creditor in an annualrent yearly therefor; and yet, notwithstanding of that heritable clause, the debtor was, by a posterior clause of the obligation, bound to pay the sum, at what time the creditor should please to seek the same, upon a simple charge of six days preceding: The debtor, giver of this bond, his land being comprised, for the principal, and expences therein contained:——The Lords found the comprising null; because the debtor was not charged upon six days to pay the principal sum, without which charge had preceded, no comprising could be deduced for the principal sum; for albeit, by the foresaid posterior clause of the bond, the necessity of a requisition was taken away, which is required in an heritable security; yet there was a necessity, by that same clause, of a preceding charge on six days.

Act. Nicolson and Craig. Alt. Hope and Stuart Gibson, Clerk. Durie, p. 31.

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/1622/Mor0100064-002.html