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Scottish Court of Session Decisions >>
Bannantyne v James Bonnar's Relict. [1683] Mor 5581 (17 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor1405581-128.html
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XXIV.
Bonds secluding Executors, whether rendered moveable by Diligence.
Bannantyne v. James Bonnar's Relict
Date: 17 January 1683 Case No. No 128.
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Found, that bonds secluding executors are not rendered moveable by a charge of horning, as bonds heritable by a clause to infeft are. 2do, That an heritable bond, whereupon comprising and infeftment had followed, was not made moveable by a posterior moveable bond of corroboration. 3tio That an arrestment, and a summons to make furthcoming, did not take off the heritable quality of a clause excluding executors which might be conceived for the security of the heir, and is only taken off by innovating the security, without excluding executors, or uplifting the sum and extinguishing the security; although it might be pleaded, That such a process would make a bond, containing an obligement to infeft, moveable. Here it was reasoned among the Lords, but not voted, if a Summons for payment was equivalent, quoad the effect of making moveable, to a charge of horning, ratio dubitandi, though a citation doth as effectually signify the creditor's desire to have his money as a charge of horning doth, yet the one proceeds upon a decreet, and the other passes without any decreet.
