BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
John Howison v John Stark and Sir David Murray. [1635] Mor 16088 (3 July 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor3716088-022.html
A creditor has sufficient title to call for exhibition of writs, although he have not adjudged or been infeft.
Click here to view a pdf copy of this documet : PDF Copy
John Howison being addebted to Patrick Gibson in 2000 merks, was obliged to infeft Patrick in an annualrent of 200 merks to be uplifted out of some tenements of his in Edinburgh. Thereafter these tenements were comprised from the said John, and the right thereof by progress established in the person of John Stark, who gave a back-bond to John Howison, that whenever he should pay to the said John Stark 8000 merks, that he should dispone back to him his own tenements. The said Patrick Gibson, as a creditor of John Howison's, craved exhibition of the said bond against the said John Stark, and Sir David Murray havers thereof, to the effect he might have transumpt thereof. Alledged, he had no right to call for exhibition thereof, except either he had comprised it, or gotten it adjudged. Replied, That ought to be repelled in respect of the pursuer's bond produced shewing him to be a creditor of the said John Howison, which furnisheth him sufficiently interest to call for exhibition of any evident conceived in his debtor's favours, to the effect that after the same is exhibited, he may comprise the right thereof; the Lords repelled the allegeance against the exhibition.
