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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Naughton v M'Naughton. [1634] Mor 15157 (14 November 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor3415157-039.html
Cite as: [1634] Mor 15157

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[1634] Mor 15157      

Subject_1 SUSPENSION.
Subject_2 SECT. VI.

Expens in a Suspension. - A Party become personally liable by suspending, though not formerly.

M'Naughton
v.
M'Naughton

Date: 14 November 1634
Case No. No. 39.

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A decreet of poinding the ground being suspended by the heritor, a singular successor not personally liable, and the suspension discussed in the charger's favours; the Lords found, That the suspender was personally liable to pay all the by-gones contained in the suspension, and therefore that it was in the charger's option to poind the ground, or to sue the suspender personally.

Fol. Dic. v. 2. p. 416. Spottiswood.

*** This case is No. 11. p. 10546 voce Poinding the Ground.

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/1634/Mor3415157-039.html