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Scottish Court of Session Decisions >>
Mr Edward Wright v The Earl of Annandale. [1683] Mor 101 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor0100101-009.html
Subject_1 ADJUDICATION and APPRISING. Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.
Mr Edward Wright v. The Earl of Annandale
1683.
January. Case No. No 9.
An apprising Valid, not withstanding of grounds of compensation against the appriser.
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Found, That a comprising, led for a principal sum, and some bygone annualrents thereof, which had been paid, was not simply null; (though it could not expire, and the accumulation of annualrents, or necessary expences fall,) but did subsist, as a real security, for the principal, and current annualrents; and found, That though gronuds of compensation, existing before leading of the apprising, and not applied, did lesson so much of the sums therein-contained; yet the apprising did subsist for the remainder, both quoad accumulations and expiring.
Fol. Dic. v. 1. p. 9. Harcarse, (Comprising.) No 283. p. 66.
