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 >> Burnet v Vietch. [1685] Mor 140 (00 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0100140-012.html
Cite as: [1685] Mor 140

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


[1685] Mor 140      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.

Burnet
v.
Vietch

1685. November.
Case No. No 12.

Adjudication in relief, competent, before payment by the cautioner.


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

There being a query proponed by Mr Roderick M'Kenzie clerk, showing that Robert Burnet writer, being cautioner for Veitch of Dawick; and, being distrest by registration of the bond, and horning thereon, but had not made payment of the debt; the said Robert, upon the clause of relief of the said bond, had entered an adjudication of Dawick's lands, that he might come in pari passu with other adjudgers. The question being, Whether, (albeit he was distressed, yet not having made payment,) he might adjudge for relief?——The Lords found, That he might adjudge; and that the adjudication was equivalent to an infeftment of relief; and was only to take effect for such sums as Robert Burnet should happen to pay, by virtue of the said distress; and that from the time of his payment: And therefore, ordained the decreet of adjudication to be extracted, bearing the foresaid provision.

President Falconer, No 102. p. 72.

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/1685/Mor0100140-012.html