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Scottish Court of Session Decisions >>
John Forbes in Tombeg v George Forbes of Shiels. [1708] Mor 5743 (27 November 1708)
URL: http://www.bailii.org/scot/cases/ScotCS/1708/Mor1405743-021.html Cite as:
[1708] Mor 5743
A charge of horning was given on a bond for payment of principal, penalty, and annualrents resting unpaid in general, without restricting to so much annualrent as was truly resting.
This sustained as a sufficient ground to assoilzie the debtor from the penalty.
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John Forbes in Tombeg, having charged George of Shiels with horning, for payment of the sums in a bond, principal, penalty, and annualrents resting unpaid due by George to him, the Lords assoilzied the debtor from the penalty, in respect, some annualrents had been paid, and the charge should have been restricted to so much annualrent as was truly resting; albeit the debtor could not say, that when charged he offered to pay the annualrents truly resting, and that the charger refused to accept thereof.
