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Scottish Court of Session Decisions >>
Smith v Wood. [1621] Mor 215 (20 December 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor0100215-012.html Cite as:
[1621] Mor 215
Subject_1 ADJUDICATION and APPRISING. Subject_2 NATURE and EFFECT of this DILIGENCE.
Smith v. Wood
Date: 20 December 1621 Case No. No 12.
Whether apprising precludes personal execution?
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In an action betwixt Smith, burgess of Edinburgh, and Wood, wherein Smith charging the party personally for sums of money addebted to him, the other excepting, that Smith had comprised the debtor's land for that same sum, whereupon he had taken sasine, and thereby alleged that the personal execution ought to cease: The Lords found, that the creditor might have recourse to his personal execution, notwithstanding of the comprising and sasine, seeing the compriser offered to renounce the comprising, and make resignation of the lands comprised rebus integris, he having no intromission further, nor profit of the money, which the Lords found he might lawfully do, notwithstanding of the sasine.
