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Scottish Court of Session Decisions >>
Ogilvie v Lord Ogilvie. [1630] Mor 138 (15 December 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor0100138-008.html Cite as:
[1630] Mor 138
Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Ogilvie v. Lord Ogilvie
Date: 15 December 1630 Case No. No 8.
Found as in No 6.
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A creditor to Mr David Ogilvie of Pitmowies, having comprised a contract, whereby the Lord Ogilvies was obliged to infeft Mr David, in an yearly annualrent out of his lands redeemable, pursues the Lord Ogilvie, to pay the bygone duties owing to him.——The Lords found, That the pursuer, by virtue of that comprising, had no right to the bygones of the annualrent owing before his comprising, seeing his comprising would not extend to the same, they being moveable, subject to arrestment, and not to comprising.
