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Scottish Court of Session Decisions >>
Grieve v Hepburn. [1635] Mor 16579 (25 June 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor3816579-029.html Cite as:
[1635] Mor 16579
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Hepburn dispones a tenement to certain persons in portions, and obliges him to relieve the buyers of an annual-rent of 100 merks, which lay upon the whole tenement. The party to whom the annual-rent is due, pursues poinding of the ground, or a part thereof, for the annual-rents. A. G. one of the persons distressed, intents a summons against Hepburn, who was become non solvendo, either to relieve him, self of the said annual-rents for bygones, and in time coming, or to hear and see the avail of the said annual-rent modified by the Lords, to the effect he may have comprising of some real right for his relief and warrandice. Although this conclusion was a novelty, yet the Lords found it just, and decerned the defender either to find caution for paying the annual-rent, or else they would modify a sum whereupon the pursuer might comprise for the warrandice.
Auchinleck MS. p. 11.
*** Durie's report of this case is No. 1. p. 3345. voce Debtor and Creditor.
