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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Douglas of Dornock v Sir Robert Dickson. [1751] 5 Brn 793 (26 November 1751)
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Subject_1 DECISIONS OF THE LORDS OF COUNSEL AND SESSION, COLLECTED BY SIR JAMES BURNETT, LORD MONBODDO.
Date: Douglas of Dornock
v.
Sir Robert Dickson
26 November 1751 Click here to view a pdf copy of this documet : PDF Copy
[Kilk. No. 6, Heritable and Moveable.]
In this case it was the opinion of my Lord President and some others of the Lords, that a charge upon an heritable bond conceived after the new fashion, did not make the debt moveable so as to go to executors; and the reason of the difference betwixt the old and the new heritable bonds is, that a charge upon an old infeftment of annualrent did resolve the heritable right pro tempore, till it was passed from, because a man could not have both the annualrent-right and the price of it; but it is otherwise in the modern heritable bonds, which being only a security for money, not a purchase of annualrent-right, a charge upon them does not alter their nature. But the other Lords put their opinion in this case upon specialties.
The electronic version of the text was provided by the Scottish Council of Law Reporting