Litigious by denunciation upon apprising, and citation upon adjudication.
Subject_3 SECT. III.
Mora.
Earls of Southesk and Northesk v. Lord Powrie, &c
Date: 25 February 1680 Case No. No 82.
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A compriser being in mora for twelve or thirteen years, not obtaining infeftment, or charging the superior, nor using diligence to recover possession by mails and duties or otherwise; a voluntary disposition for a price paid, granted after the comprising, with infeftment upon it, was found preferable.
Fol. Dic. v. 1. p. 558. Fountainhall. Stair.
*** This case is reported by Stair, No 160. p. 1075., voce Bankrupt; and by Fountainhall, No 69. p. 3730., voce Execution.
