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Scottish Court of Session Decisions >>
M'Naughton v M'Naughton. [1634] Mor 10546 (14 November 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor2510546-011.html Cite as:
[1634] Mor 10546
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Nicolas M'Naughton having obtained a decreet for poinding of the ground of N, for an annualrent of 200 merks due to her out of the same; John M'Naughton, heritor thereof, suspends her decreet; which suspension being discust in her favours, it was questioned, whether the suspender was personally obliged for payment of the said annualrent, or that the charger should only have recourse again to the ground.—The Lords found, that the suspender was personally obliged to pay her all the bygones for which he had suspended, and that it was in the charger's option either to poind the ground, or to suit the suspender personally; although some were of opinion, that she could not seek it of the suspender before she had sought to poind the ground, of which, if she got not payment, then she might have recourse against the suspender.
