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Scottish Court of Session Decisions >>
Waldie v Ancrum. [1744] Mor 10451 (20 June 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor2510451-028.html Cite as:
[1744] Mor 10451
The adjudger of an heritable debt due by himself cannot plead an expired legal.
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Found, that where a debtor in an heritable bond adjudges his own heritable bond upon a debt due to him by his creditor, he can never plead an expired legal to carry the whole debt in the heritable bond, supposed to be greater than the debt adjudged for.
The reason is, that the moment one adjudges a debt due by himself, he is eo ipso free of so much of his own debt which he has adjudged, which to him is equal to payment of the debt adjudged for; and payment which extinguishes, must of course stop the legal.
Kilkerran, (Adjudication and Apprising.) No 15. p. 11.
