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Creditors of Merchiston v Representatives of Colonel Charteris. [1732] Mor 10356 (00 July 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor2510356-031.html Cite as:
[1732] Mor 10356
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. II.
What Right go against Heirs.
Creditors of Merchiston v. Representatives of Colonel Charteris
1732.
July. Case No. No 31.
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A creditor dying during the dependence of a reduction upon the head of usury intented against him, it was questioned if this penal process could transmit against his Representatives; the Lords found, that the effect of usury being to annul the bond as a real exception, it was good against every person claiming upon the bond; and if good against the heir by way of exception, it must be good by way of action, being the same thing in a different form.—See Appendix.
