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Cite as: [1600] 2 Elchies 3

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[1600] 2 Elchies 3      

Subject_1 ACCESSORIUM SEQUITUR PRINCIPALE.

Geddes, Supplicant


Case No. No. 2.

An exception.


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Andrew Geddes, as creditor to his brother, by a bond and two decreets, having arrested and obtained decreet of forthcoming against one of his debtors, and afterwards, in a settlement of his affairs, assigned the bond and two decreets against his brother, to his wife and children, with a general clause of all other bonds, bills, decreets, &c. due to him, but did not mention the decreet of forthcoming; after his death, his children presented a bill of inhibition against the debtor in the forthcoming, which was reported by Lord Milton; and we found there could be no inhibition, since the forthcoming was not specially conveyed.

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/Elchies020003-002.html