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Scottish Court of Session Decisions >>
Broxmouth v Wauchope. [1610] Mor 7164 (21 December 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1707164-043.html Cite as:
[1610] Mor 7164
Reduction on the head of Interdiction, to whom competent.
Broxmouth v. Wauchope
Date: 21 December 1610 Case No. No 43.
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He that is interdicted from alienation of his lands, living, and heritage, and from setting tacks, giving bonds, or becoming caution, whereby his lands, living, and heritage, may be evicted, apprised, or any ways hurt, directly or indirectly, in hail or in part; that will not be sustained to reduce a bond of cautionry, in so far as may concern the warding of his person, or poinding of his moveables, if the party renounce all action of apprising his lands. And the Lords will not respect his inconvenience, by warding his person; in which case he cannot be relieved but by making money by selling or wadsetting his land; neither yet his danger of horning, whereby his liferent of his lands will fall. The interdictor has action and interest to reduce the bonds and alienations of him that is interdicted to them, albeit he concur not with them in the pursuit of the reduction.
