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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Cockburn v Elliot of Stobbs. [1684] 2 Brn 31 (00 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn020061-0163.html
Cite as: [1684] 2 Brn 31
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[1684] 2 Brn 31
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
James Cockburn
v.
Elliot of Stobbs
1684 .March .Click here to view a pdf copy of this documet : PDF Copy
A creditor having taken bond for payment of a sum, with this quality, That if the debtor did obtain a decreet of adjudication of his lands between and Martinmas next, he, the creditor, should except on't as payment pro tanto; and having pursued for payment of the whole sum, upon the debtor's failing to procure the adjudication, the Lords prorogated the term for recovering of the said decreet, in respect the creditor could not condescend upon any material prejudice by delay: though it was contended by the pursuer, that the provision, being a voluntary concession limited to a time, and not in the case of a failyie, could not be extended and prorogated.
Page 44, No. 196.
The electronic version of the text was provided by the Scottish Council of Law Reporting