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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anent Comprising. [1600] 3 Brn 69 (00 January 1600) URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn030069-0078.html |
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[0000] 3 Brn 69
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 WINTER SESSION. - Anni 1973.
Anent Comprising
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I have heard it affirmed, that a man may now comprise upon a bond without giving a preceding charge of horning; upon this reason, that an execution of poinding and denunciation is a more solemn intimation to the debtor, and bears also a search for moveables, than a single charge; but the bond must be registrate. However, I think it humanior sententia to give him time by a charge, conform to the noble method prescribed in L. 15. D. de Re Judicata. In the Roman law, they had inducias quadrimenstruas ad solvendum judicatum.
The electronic version of the text was provided by the Scottish Council of Law Reporting