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Scottish Court of Session Decisions >>
John Beton of Blebo v Patrick Sibbald and Jean Johnston. [1695] 4 Brn 254 (25 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040254-0568.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Beton of Blebo v. Patrick Sibbald and Jean Johnston
Date: 25 January 1695
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Arniston reported John Beton of Blebo against Patrick Sibbald, and Jean Johnston, his mother, about Falconer of Kincorth's Lady's right to the lands of Paxton. The Lords found the bond, given to Hume of Wedderburn, superior of these lands, for 2000 merks, and assigned to Blebo, whereon he had adjudged, was conditional; and the condition not being declared before the leading of the adjudication, the same was so far a nullity as to restrict it, and cut off all its accumulations and penalties. Many of the Lords thought it simpliciter null, wanting a previous declarator; but, in regard it now appeared that the condition was purified, therefore they mitigated the rigour, as they had done formerly in Haly and Colvil's case, and in Humby and Kingston's, where co-creditors were competing. But they found it no nullity, that they had adjudged lands which were apprised before; because the act 1672 seemed to leave that optional to the creditor. And also found, the want of allowance was no nullity of the adjudication, but only a ground of preference; and that here there needed none, because the superior voluntarily entered the adiudger.
