[1623] Mor 8131
Subject_1 LEGAL DILIGENCE.
Subject_2 SECT. V. Solemnities requisite in the execution of diligence. - Purification of condition debts.
Date: E of Galloway
v.
Vauns
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.
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