Scottish Court of Session Decisions

Subject_1 USURY.

Campbel
v.
Chalmer

Date: 17 July 1739
Case No. No. 33.

Nullity upon the head of usury upon the statute 1597, to and against whom competent?

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Found, that nullity upon the head, of usury, objected to a bond granted in the 1671, was not competent against an assignee, upon the statute 1597; for though the nullity of the bond upon usury might, by that statute, be pursued by the party, his heirs, executors, or assignees, yet it was only competent against the creditor, his heirs and executors, where assignees appear to be purposely omitted.

Kilkerran, No. 1. p. 591.