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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Philorth v Pitsligo. [1611] Mor 12494 (9 June 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor2912494-356.html
Cite as: [1611] Mor 12494

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[1611] Mor 12494      

Subject_1 PROOF.
Subject_2 DIVISION III.

Public Instrument, how far Probative.
Subject_3 SECT. I.

Messengers Execution.

Philorth
v.
Pitsligo

Date: 9 June 1611
Case No. No 356.

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In comprising, searching may be at one place, and thereafter denunciation, and thereafter searching at another place, and denunciation, so it is no cause of reduction, albeit some searchings be after some denunciations; neither will it be admitted to the debtor's probation, in his reduction, that there were moveables extant the time of the searching, worth the debts comprised for, in respect of the offiecr's exectuion bearing the contrary: A comprising will not be reduced, because the lands are much more worth than the sums comprised for.

Fol. Dic. v. 2. p. 241. Haddington, MS. No 2270.

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/1611/Mor2912494-356.html