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Scottish Court of Session Decisions >>
A. v B. [1629] Mor 8375 (7 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2008375-070.html Cite as:
[1629] Mor 8375
Litigious by denunciation upon apprising, and citation upon adjudication.
Subject_3 SECT. I.
Rights granted in consequence of an antecedent obligation. - Alienation after denunciation. - Adjudication led during the dependence of a ranking and sale.
A v. B
Date: 7 February 1629 Case No. No 70.
Click here to view a pdf copy of this documet : PDF Copy
After the denunciation of the lands, to be comprised at the instance of a creditor, he who is debtor may do no voluntary deed, by disposition or setting of the lands to any other person, although he be creditor, in prejudice of him who used the first diligence, by denunciation, whereupon apprising followed.
This decision was thought very hard, except it had been alleged that the debtor was bankrupt.
