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Scottish Court of Session Decisions >>
Morrice v Orrock. [1678] Mor 8122 (29 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor1908122-017.html Cite as:
[1678] Mor 8122
Diligence without Decree. - Diligence before the term of Payment. - Diligence in name of an Assignee or Defunct.
Morrice v. Orrock
Date: 29 July 1678 Case No. No 17.
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It being objected against a bond, upon which an apprising was founded, that it was only registered in the jurisdiction where the creditor lived, and not where the debtor lived, the Lords, considering that ex officio they might supply defects in apprisings, to make them subsist as securities for the just interest, without the extraordinary advantages of an expired legal, and exorbitant penalties, did declare, that if the defender would restrict his whole apprising to the just interest, they would then sustain this apprising for the whole sums, otherwise that they would reduce it in toto.
Fol. Dic. v. 1. p. 537. Fountainhall, MS. Stair.
*** This case is No 142. p. 7425. voce Jurisdiction.
