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Scottish Court of Session Decisions >>
Ld of Elphingston v Murray. [1662] Mor 14184 (4 February 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor3214184-023.html Cite as:
[1662] Mor 14184
Obligation to relieve and purge from Incumbrances.
Ld of Elphingston v. Murray
Date: 4 February 1662 Case No. No 23.
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A charge for the price of lands was suspended upon this medium, That by the disposition, the charger was obliged to relieve the suspender of all inhibitions, several of which were condescended upon. The charger answered, Non relevat, unless there was a distress, seeing the disposition bears not to purge, but only to relieve. The Lords considering, that the charger vergebat ad inopiam, found the reasons relevant till caution should be found to warrant the suspender from these inhibitions.
Fol. Dic. v. 2. p. 359. Stair.
*** This case is No 42. p. 3392., voce Debtor and Creditor.
