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Scottish Court of Session Decisions >>
Moncrief v Creditors of Mitchell of Balbardie. [1729] Mor 8996 (29 January 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor218996-123.html Cite as:
[1729] Mor 8996
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Some years annualrent being resting to a minor upon an heritable bond he not obtaining ready payment from the debtor, granted him a discharge thereof, and took his moveable bond for the same, bearing interest. The debtor thereafter becoming bankrupt, the minor intented reduction intra annos utiles. The lesion condescended on was, That he discharged the annualrent arising from the heritable bond, whereas he ought to have taken a personal bond of corroboration in further security of these annualrents, without granting any discharge, which no man of experience would have neglected, being a method calculated to secure the creditor, without bringing any additional burden upon the debtor. The reduction was sustained. See Appendix.
