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Scottish Court of Session Decisions >>
White v Mr. Nathaniel Fyfe. [1683] Mor 16607 (00 November 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor3816607-065.html
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The above cause being again called, and it appearing from the assignation produced, that the bond was principally disponed and assigned, and the apprising consequentially, and that the apprised lands were not disponed, and that the clause of warrandice, though in the terms of absolute, did not warrant the apprising in special, but only the assignation in general. The Lords found, that the warrandice did import only debitum subesse.
It was informed, That the defender got a great ease of the apprising. It may be debated, That though the apprising, which is but a diligence, had been principally disponed, the warrandice should import no more; though aliter if the lands be disponed principally, and all the diligences in consequentiam.
