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Scottish Court of Session Decisions >>
L. Bass v Wauchopes. [1622] Mor 13446 (13 November 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor3113446-017.html
Necessary that the procuratory be shewn, at the time of requisition, altho' not asked for. But see infra.
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L. Bass being obliged to Wauchopes in payment of some money, at any term against which he was required, and being required by one as procurator, and in name of Wauchopes, to whom the bond was given, and thereupon being charged to make payment, the Lords suspended the charges, because the procurator, who required, at the time of making requisition, shewed not the party requited the procuratory, whereby he had power to require; and therefore the Lords would not sustain the requisition, albeit the creditor ratified the requisition at the bar, and that also there was a procuratory produced, lawfully subscribed before the requisition making; yet because it was not shewn at the very time when requisition was made, it was not sustained; albeit it was not alleged, that the debtor, when he was required, desired to see the procuratory, but only because the requisition bore not that the requirer offered to shew his procuratory, or that he shewed the same.
Act. Hope et Nicolson.Alt. ——.
Fol. Dic. v. 2. p. 322. Durie, p. 34.
