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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.

Advocates' MS. No. 471, § 4, folio 244.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn030069-0078.html