Exceptions, Whether Proponable in Cursu Diligentia.
Lawson v. Scott
1633.
Julyl6. Case No. No 85.
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In a transferring of a bond pursued by Mr John Lawson against Scott of Whitsleid, as heir to his father, it being alleged, That the pursuer had comprised certain lands and teinds for the same debt, and was in possession of some of the teinds comprised; the allegeance against the transferring was sustained, albeit it was answered, that it was only competent against the execution, but not in a transferring.
Fol. Dic. v. 1. p. 176. Spottiswood, (Transferring.) p. 342.