Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 5 June 1688
Does a Suspension stop Real Diligence?
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It was queried if a suspension stops apprising, adjudging, and other real diligences; for it will stop a poinding, ergo etiam apprising: for poinding, or a search for moveables, must precede apprising. Some say this search is only moris gratiâ. Yet this answer seems not to be good; for if the messenger finds moveables to the value, he ought not to proceed to the apprising of lands; seeing the common law, as well as ours, has determined this rational method, that how long a debtor's moveables are able to pay, no distress shall be granted against his lands; and some conclude, that the suspension should bear a stop to real, as well as personal execution, otherwise it does not hinder real diligence. Others think that stop is implied, though not mentioned.
