An heritable bond, when it becomes Personal, so as to be the foundation of Diligence.
Mr Alexander Gibson Clerk and John Cranston v. The Laird of Lugton and Young Eastnisbet
Date: 20 July 1622 Case No. No 2.
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Bonds heritable cannot be moveable by virtue of the provision therein contained, that it shall be lawful to charge for the principal but requisition, except there be a charge used conform to the provision.
Comprising laid upon a bond bearing infeftment, found null, notwithstanding of the provision contained therein, that it should be lawful to charge for the principal sum without requisition, because there was no charge used upon the bond before the denunciation, without the which charge, the Lords found, that the bond remained heritable, and was otherways moveable, and that they could not multo minus comprise.
Heritable bond bearing infeftment cannot become moveable by virtue of the provision, that it shall be lawful to charge but requisition, except there be a charge used conform thereto.
Fol. Dic. v. 1. p. 536. Kerse, MS. fol. 48.*** Haddington reports this case:
1622. July 18, or 19.—In ane action pursued be the Laird of Lugton against Alexander Cranston and others, for reduction of their comprising of the living of Eastnisbet, the Lords fand, that ane comprising was null, whairin the soumes of the comprising were greater nor the soumes contained in the denunciation, and would not permit the defenders to reduce their soume by their declaration to the soumes denounced for.
Haddington, MS. No 2656.
*** See Durie's report of this case, No 2. p. 64. voce Adjudication.
