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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Young v Kirk. [1688] Mor 1078 (00 November 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor0301078-162.html
Cite as: [1688] Mor 1078

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[1688] Mor 1078      

Subject_1 BANKRUPT.
Subject_2 DIVISION II.

Alienation after Diligence.
Subject_3 SECT. VIII.

Effect of Mora in the conduct of the Creditor Reducer.

Young
v.
Kirk

1688. November.
Case No. No 162.

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One having charged his debtor without denouncing for four months after, and taken a disposition after the charge, before which disposition, but after the charge, another creditor having charged and denounced, and quarrelled the disposition;

The Lords reduced the disposition as a voluntary gratification, the first charger having been negligent in delaying so long to denounce.

Fol. Dic. v. 1. p. 80. Harcarse, (Alienation.) No 156. p. 35.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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