You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Does a Suspension stop Real Diligence? [1688] 3 Brn 675 (5 June 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030675-1040.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 5 June 1688
Does a Suspension stop Real Diligence?
Click here to view a pdf copy of this documet : PDF Copy
It was queried if a suspension stops apprising, adjudging, and other real diligences; for it will stop a poinding, ergo etiam apprising: for poinding, or a search for moveables, must precede apprising. Some say this search is only moris gratiâ. Yet this answer seems not to be good; for if the messenger finds moveables to the value, he ought not to proceed to the apprising of lands; seeing the common law, as well as ours, has determined this rational method, that how long a debtor's moveables are able to pay, no distress shall be granted against his lands; and some conclude, that the suspension should bear a stop to real, as well as personal execution, otherwise it does not hinder real diligence. Others think that stop is implied, though not mentioned.
