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Scottish Court of Session Decisions >>
Mowat v Creditors of Richardson. [1615] Mor 8113 (14 December 1615)
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor1908113-001.html Cite as:
[1615] Mor 8113
An heritable bond, when it becomes Personal, so as to be the foundation of Diligence.
Mowat v. Creditors of Richardson
Date: 14 December 1615 Case No. No 1.
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In an action of quadruple poinding, pursued by Alexander Mowat against the Creditors of George Richardson, the Lords found, that one Homer could not make arrestment, because, at the making thereof, his bond was heritable, and sasine was given to him of an annualrent for the same; and albeit there was a provision in the bond, that it should be lawful to charge for the principal without requisition, yet before that charge the sum remained heritable, and so they preferred one George Smith to Homer.
