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Duncan v Scrimgeour. [1707] Mor 8120 (3 July 1707)
URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor1908120-014.html Cite as:
[1707] Mor 8120
An heritable bond, when it becomes Personal, so as to be the foundation of Diligence.
Duncan v. Scrimgeour
Date: 3 July 1707 Case No. No 14.
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An adjudication having proceeded on decrees of constitution against an apparent heir, as lawfully charged to enter heir to his predecessors, for payment of principal sums, annualrents, and penalties contained in his predecessor's heritable bonds, without using previous requisition, in terms of the said bonds, the Lords restricted the adjudication to a security for principal and annualrents, and refused to sustain it as a security for a fifth part more, or for the termly failzies, although requisition was made after the decree of constitution, and the days thereof expired before executing the summons of adjudication, which narrated the requisition.
