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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr James Mirk v Mary Bruce. [1683] 2 Brn 47 (00 December 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020047-0132.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Mr James Mirk
v.
Mary Bruce
1683 .December .Click here to view a pdf copy of this documet : PDF Copy
In the redemption of an adjudication, the debtor alleged he could not be liable to pay the expenses, in respect the sums adjudged for stood arrested the time of the adjudication, and he could not have paid till the arrestment was loosed. Answered, The debtor has himself to blame, for suffering the creditor to expede his adjudication, without compearing to allege upon the arrestment; for, if the debtor had compeared, and objected the arrestment, or intimated the same, it would have been loosed by the creditor, there being no ground for it; and, therefore, the debtor ought to refund his expenses. The Lords were of opinion that the adjudger should have his expenses refunded; but the parties agreed among themselves before interlocutor.
Page 2, No. 7.
The electronic version of the text was provided by the Scottish Council of Law Reporting