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John Matthie, Skipper in Prestonpans, v The Commissary Clerk of Edinburgh. [1705] Mor 7691 (23 June 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Mor1807691-393.html Cite as:
[1705] Mor 7691
What Courts competent for Registration, in order to do Diligence.
John Matthie, Skipper in Prestonpans, v. The Commissary Clerk of Edinburgh
Date: 23 June 1705 Case No. No 393.
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The said John Matthie having caused register a bond due to him in the Commissary-books of Edinburgh, and having afterwards occasion to raise an adjudication for the debt, which could not be done effectually upon an extract out of these books; and the Commissary-clerk having refused to restore the principal upon getting back the extract, because the bond was booked, application was made to the Lords of Session by a bill for a warrant to the said Commissary-clerk, or his deputes, to give up the principal bond to be registered in the session-books, in order to found a legal diligence for making the debt effectual.
