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Scottish Court of Session Decisions >>
Douglas, Minister of Balmerinoch, v Johnston. [1630] Mor 7019 (2 July 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor1707019-083.html Cite as:
[1630] Mor 7019
What subjects are affected by this diligence. - Reaches acquirenda.
Douglas, Minister of Balmerinoch, v. Johnston
Date: 2 July 1630 Case No. No 83.
Found as above.
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In a reduction at the pursuer's instance, upon an inhibition raised against the debtor upon his bond, of a sum of money, for reducing of a posterior bond of a sum of money granted to Johnston, after the said inhibition, and whereupon Johnston had comprised the common debtor's lands, and was thereon infeft; this reason and action upon the inhibition was sustained, to reduce the said bond, albeit it was of a moveable sum, in so far as might be a ground to comprise, or take away any heritable right from the debtor, to the pursuer's hurt, but not to stay either personal execution, or payment by the debtor's moveables; upon which the Lords found the inhibition struck not, but only that it should be effectual for his heritage, or such like real securities.
