Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 18 December 1685

John Fleming
v.
William Beck

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John Fleming, baxter, pursues William Beck, merchant, in a reduction ex capite inhibitionis. Alleged,—The ground of the debt whereon the inhibition was served, is paid; in so far as he arrested the maills and duties of the debtor's lands, and took a decreet for making forthcoming, and so must count for the whole, even as a compriser entering once into possession is bound to count for the whole, and to do diligence, or else show an impediment that hindered him; as was found 14th January 1681, Shaw against Muire.

The Lords, on Tarbet's report, repelled the defence on the decreet of making forthcoming obtained by the pursuer, unless the defender will allege that he actually intromitted; but ordained the pursuer to grant assignation to that decreet, in respect of his offer to do the same.

Vol. I. Page 386.