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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030181-0219.html

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[1677] 3 Brn 181      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Anent Adjudications

Date: 1 August 1677

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The President caused the Lords call back for a decreet of adjudication of some of my Lord Cathcart's lands; and stopped the signature of infeftment, sought to be expede thereon at Exchequer, though it was extracted ten days before; only because it was not inrolled, but called and decerned amongst the acts; whereas the new adjudications use all to be so called, unless where there is compearance for the debtor; in which case, conform to the act in 1672, he will get a day to prove the value of the lands, and to produce the writs; and if this were an informality, then 20 decreets of adjudication will fall. Yea, in this case the master of Cathcart had written a letter to the party, acknowledging the debt, and offering to take a course therewith. But he is the President's son-in-law. See of concussion, supra, in July 1677, No. 592, Mistress Jean Gray contra Sir A. Primerose. Anent the summary calling of adjudications, see No. 453, supra, Nasmith and Kello, § 3, [February 1676.]

Advocates' MS. No. 634, folio 299.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030181-0219.html