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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir James Dick v William Dick of Grange. [1688] 2 Brn 115 (00 February 1688) URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn020115-0313.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Sir James Dick
v.
William Dick of Grange
1688 .February .Click here to view a pdf copy of this documet : PDF Copy
One having got an assignation to a bond in satisfaction, with a provision that the assignee (in case he should not get payment of the bond assigned, by doing diligence by horning, within fifteen days after the term of payment thereof,) might then recur against the cedent; the assignee did no diligence till about two months after the time prefixed, and then intented a pursuit of recourse against the cedent. Alleged for the defender, That the diligence, two months after the time appointed, was not sufficient. Answered, The debtor was in as good case when the diligence was used as he was at the term of payment; and the pursuer got a partial payment, which occasioned the delay. Replied, The condition was precise as to the time; and the debtor was suspected at the date of the assignation, and now is broken and gone; which is the difference betwixt his case and that of Dundas against Wilson, December 1686. The Lords sustained the allegeance and reply, and assoilyied from the relief. Vide No. 117, [Dundas of Ballendary against Mr George Wilson of Pleughlands, December 1686.]
Page 24, No. 124.
The electronic version of the text was provided by the Scottish Council of Law Reporting
