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Scottish Court of Session Decisions


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[1671] 2 Brn 523      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Suspensions

Date: 22 February 1671

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Quæritur, if a charge of horning be suspended simply, whether this will debar all execution, both personal and real, so that the charger cannot comprise in the mean time? and it is thought it will, unless it reserve expressly apprising of lands: aud it is now turned a brocardicum that nothing can stop signet letter but signet letters, and so nothing can stop a comprising but a signet suspension: and consequently it was arbitrary and illegal to my Lord President lately on a bill to stop Douchryes' son's apprising of my Lord Monteith's estate, and the messenger should have respected nothing but a signet suspension.

Vide infra, February 1677, No. 555, § 4.

Advocates' MS. No. 141, folio 91.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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