If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Scot. [1626] Mor 43 (20 December 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor0100043-001.html
Cite as: [1626] Mor 43

[New search] [Contents list] [Context] [View without highlighting] [Printable PDF version] [Help]


[1626] Mor 43      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 ADJUDICATION contra hæreditatem jacentem.

-
v.
Scot

Date: 20 December 1626
Case No. No 1.

A creditor was allowed adjudication cognitionis causa, upon an apparent heir's renunciation, altho' another creditor offered to prove, that the apparent heir had behaved as heir.


Click here to view a pdf copy of this documet : PDF Copy

In an action, at the instance of, creditor to umquhile Scot of Bony-town, against one Scot; as lawfully charged to enter heir to the defunct, for registration of a bond; the defender compearing, and offering to renounce to be heir; whereupon, the pursuer desired sentence to be given against him, cognitionis causa, to the effect he might seek adjudication, as use is, in such cases: Compeared in this process, another creditor of the said Scot of Bonytown; and alleged, that this sentence, upon the defender's renunciation to be heir, could not proceed in the pursuer's favours; thereby to seek adjudication of the defunct's lands in his prejudice; seeing he offered to prove, that the defender had behaved himself as heir to the defunct, by intromitting with his father's lands and goods; and so could not renounce to be heir to him. This allegance was repelled, seeing when this creditor should pursue this defender for his debt, he might insist against him, or qualify him to be heir; as he might best do of the law, which could be no hindrance to this pursuer, to prosecute all lawful diligence competent to him of the law, upon the defender's renunciation to be heir; for this diligence of pursuit, moved by the pursuer, qui sibi vigilavit, could not be stayed by this allegance of this creditor, who had not provided himself, so as to seek and use the like diligence for recovering of his debt.

This decision was followed January 22. 1629; Mr Frederick Carmichael against the Laird of Kincraig and his creditors, in this same manner as is here marked.

Act. Alt. Burnet. Clerk, Gibson. Fol. Dic. v. 1. p. 3. Durie p. 249.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor0100043-001.html