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Scottish Court of Session Decisions >>
Johnston v Loch. [1642] Mor 8117 (25 January 1642)
URL: http://www.bailii.org/scot/cases/ScotCS/1642/Mor1908117-007.html Cite as:
[1642] Mor 8117
An heritable bond, when it becomes Personal, so as to be the foundation of Diligence.
Johnston v. Loch
Date: 25 January 1642 Case No. No 7.
Found in conformity with Finlayson, No 4. p. 8115.
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One James Loch, having Comprised the lands of, for debt, and this Johnston pursuing, to hear the comprising declared to be extinct, as satisfied, he being a posterior compriser; and Loch alleging that this comprising was null, being deduced upon a bond, bearing payment of annualrent, and which so was heritable, and no charge to pay the principal sum preceded; this exception was repelled, and the comprising was sustained; for, as the party might poind without a preceding charge, so he might comprise.
