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Creditors of Catrine, v Baird of Cowdam. [1739] Mor 108 (26 January 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0100108-021.html Cite as:
[1739] Mor 108
Subject_1 ADJUDICATION and APPRISING. Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.
Creditors of Catrine, v. Baird of Cowdam
Date: 26 January 1739 Case No. No 21.
Sums, not properly constituted, struck out of the accumulated sum, and the adjudication sustained, quoad ultra.
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It being objected to an adjudication, that the decree of constitution, upon which it proceeded, was null; in regard that it concluded against the debtor, upon no other passive title, than that of a charge to enter heir; and yet that part of the debts, therein decerned for, were acquired by the pursuer, after raising and executing the general charge; so that, with regard to these debts, the decree was without any foundation; The Lords sustained the objection, so as to strike these debts out of the accumulated sum; but not to annul the adjudication in totum.
