Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Spence v Dowglas. [1650] 1 Brn 455 (5 January 1650) URL: http://www.bailii.org/scot/cases/ScotCS/1650/Brn010455-1225.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Spence
v.
Dowglas
5 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action pursued by Spence against Dowglas, it was excepted upon the improbation of the execution; which was thought hard, in respect all process might be so very long delayed, and a creditor might be interrupted and stopped in his diligence by a con-creditor, or by the party debtor, if he should strive to prefer one to another. And true it is, that improbation, via exceptionis, of the executions of a warning, or a horning for to eschew violent profits, and maintain possession, or for taking away rebellion, might have been sustained. But I have heard the exception of alibi repelled. Yet the Lords thought, that the consignation of a great sum might make them steal from it.
Page 138.
The electronic version of the text was provided by the Scottish Council of Law Reporting