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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray v Lord Saline. [1696] Mor 46 (29 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor0100046-007.html
Cite as: [1696] Mor 46

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[1696] Mor 46      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 ADJUDICATION contra hæreditatem jacentem.

Murray
v.
Lord Saline

Date: 29 December 1696
Case No. No 7.

Found not to be a nullity in an adjudication cognitionis causa, that it had not been allowed.


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In the competition between Murray of Livelands and my Lord Saline, it was found no nullity of an adjudication, that it was not allowed, seeing it was after the old form on a decreet cognitionis causa; and only these adjudications were to be allowed, which came in place of comprisings, by the act of Parl. 1672. And the Lords refused here, during the dependence, to sequestrate the rents and put in a factor; but recommended to the Ordinary, to bring the ranking to a close; for one may not be dispossessed, unless there be great evidences, that his right is either invalid, or satisfied by partial payments or intromissions.

Fol. Dic. v. 1. p. 3. Fount. v. 1. p. 748.

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/1696/Mor0100046-007.html