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Scottish Court of Session Decisions >>
Young v Kirk. [1688] Mor 1078 (00 November 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor0301078-162.html Cite as:
[1688] Mor 1078
Effect of Mora in the conduct of the Creditor Reducer.
Young v. Kirk
1688.
November. Case No. No 162.
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One having charged his debtor without denouncing for four months after, and taken a disposition after the charge, before which disposition, but after the charge, another creditor having charged and denounced, and quarrelled the disposition;
The Lords reduced the disposition as a voluntary gratification, the first charger having been negligent in delaying so long to denounce.
Fol. Dic. v. 1. p. 80. Harcarse, (Alienation.) No 156. p. 35.
