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Cite as: [1744] 1 Elchies 185
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[1744] 1 Elchies 185
Subject_1 HOMOLOGATION.
Liddle
v.
Dick
1744 ,July 20 .
Case No.No. 1.
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An heritable bond being granted for 10,600 merks, and sasine taken upon it; posterior creditors objected, That one of the witnesses in the bond was not designed. Answered, Homologation by an assignation to the maills and duties of the date of the bond, and relative thereto in all respects formal. Lord Kilkerran found the homologation not good to support the infeftment against the competing creditors; and we adhered, though we all agreed that it was a good homologation of the personal obligement against all mortals, and even of the heritable bond and infeftment against the granter.
The electronic version of the text was provided by the Scottish Council of Law Reporting