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E. of Galloway v Vauns. [1623] Mor 8131 (17 December 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor1908131-035.html Cite as:
[1623] Mor 8131
Solemnities requisite in the execution of diligence. - Purification of condition debts.
E of Galloway v. Vauns
Date: 17 December 1623 Case No. No 35.
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In an action betwixt the Earl of Galloway contra Vauns, the Lords sustained a charge of horning executed by virtue of letters raised before the term of payment contained in the bond whereupon the said letters were raised; seeing the letters bore, to charge the party obliged to make payment when the term of payment was bypast; and that no charge was executed upon the said letters, and by virtue thereof, while the term was bypast, albeit the letters were raised before the term; and therefore they repelled the allegeance whereby the horning and letters were impugned for that reason.
Act. Nicolson.Alt. Belshes.Clerk, Scot.
Fol. Dic. v. 1. p. 538. Durie, p. 92.
