Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1623/Brn010128-0262.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Hunter v Alexander Hunter. [1623] 1 Brn 128 (8 February 1623) URL: http://www.bailii.org/scot/cases/ScotCS/1623/Brn010128-0262.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: John Hunter
v.
Alexander Hunter
8 February 1623 Click here to view a pdf copy of this documet : PDF Copy
If a creditor comprise his debtor's lands, he cannot have personal action against him likewise for the same debt for which he has comprised, unless he will allege that the comprising is unprofitable to him, and that he is content to renounce it; for otherwise the comprising must be ever ascribed in payment of the debt, like an assignation; for a comprising is a judicial assignation.
Page 41.
The electronic version of the text was provided by the Scottish Council of Law Reporting