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Scottish Court of Session Decisions >>
Waugh v Jamieson. [1676] Mor 5551 (18 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor1305551-108.html Cite as:
[1676] Mor 5551
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XVIII.
Accessory Security.
Waugh v. Jamieson
Date: 18 February 1676 Case No. No 108.
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Lands being disponed to a man by a near friend under back-bond, bearing to be for security of 2,400 merks already due, and obliging himself to denude upon payment of that sum, and of what other sums he should advance; and the disponer having thereafter granted to the same party a bond for 5,000 merks, bearing no relation to the said security, but being a simple moveable bond to him, his heirs, executors, &c.; the Lords found, that this bond, in so far as it should be made appear to be made up of the sum mentioned in the back-bond, Should belong to the heir of the trustee, because ab initio the said security was granted for the same, but that the residue should belong to his executors, as in its nature moveable, and not made heritable by the back-bond; for though the disponee was not obliged to denude, unless upon payment as well of the sums he should advance, as of what was formerly due, yet this could operate no more but a bare personal retention, which inerat de jure without the clause.
Stair. Dirleton.
*** See this case No 21. p. 5453. and No 86. p. 5526.
