An heritable bond, when it becomes Personal, so as to be the foundation of Diligence.
The Laird of Clackmannan v. Barrowny
1629.
July. Case No. No 6.
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In an action, pursued by the Laird of Clackmannan against Barrowny, the Lords found, that upon a bond bearing payment of a sum at a term, and in case of failzie of a penalty, together with an annualrent, the creditor might comprise at any time thereafter, without requisition.
Fol. Dic. v. 1. p. 536. Spottiswood, (Contracts.) p. 70.
*** See Durie's report of this case, No 9. p. 69. voce Adjudication.
