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Scottish Court of Session Decisions >>
George Winram of Eyemouth v James Johnston of Wamphray. [1694] 4 Brn 153 (13 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040153-0347.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
George Winram of Eyemouth v. James Johnston of Wamphray
Date: 13 February 1694
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The Lords found the bond of 10,000 merks was moveable, and carried by Winram's arrestment, and that it fell not under Wamphray's apprising, albeit the bond carried a clause that the land should stand affected therewith; for that is not the habile way to make a right heritable. They also found the backbond produced was not ad idem; and, therefore, being different, both in the sum and term of payment, the quality thereof could not affect this bond. And found, Wamphray's arrestment being on a dependence which had never yet taken effect by a decreet, so that they were in mora, they could not compete with Winram's arrestment laid on upon a liquid bond.
