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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Enterkin v Scot of Bonningtoun. [1687] 2 Brn 105 (00 February 1687)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Enterkin
v.
Scot of Bonningtoun
1687 .February .Click here to view a pdf copy of this documet : PDF Copy
In a process against Scot of Bonningtoun, at the instance of Enterkin, who, as sheriff-depute, had given infeftment to the defender, conform to a precept of the Chancery upon letters of relief, for the entry and non-entry duties;—Alleged for the defender, These duties are presumed to have been paid, seeing the precept bears a clause capiendo securitatem, &c. and no security is produced. Answered for the pursuer, They are presumed to be full resting, unless a discharge be produced; and, de facto, the pursuer took the security for them, because he knew they were debitum, fundi, which is securer than a bond. The Lords inclined to sustain the defence, unless it were convelled by the defender's oath.
Page 209, No. 735.
The electronic version of the text was provided by the Scottish Council of Law Reporting