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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Lord and Lady Ormistoun v John Hamilton of Bangour, and his Tutrix. [1711] Mor 190 (8 November 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor0100190-005.html
Cite as: [1711] Mor 190

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[1711] Mor 190      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem, unless instantly verified.

The Lord and Lady Ormistoun
v.
John Hamilton of Bangour, and his Tutrix

Date: 8 November 1711
Case No. No 5.

In a process of adjudication, reasons of reduction of the decree on which it is founded; are received incidenter, if instantly verified.


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Bangour having raised reduction of a decreet, obtained at my Lord and Lady Ormistoun's instance, against him as heir served cum beneficio inventarii, to the Lord Whitelaw, for L. 33,849: The Lords allowed Bangour's reduction to be received incidenter, in a process of adjudication upon the decreet, as to reasons injure, and instantly verified; but found, that he behoved to proceed in the common course, as to other reasons in facto, requiring a term to prove them; and refused to discuss even the relevancy of these incidenter to stop adjudication, reserving the same contra executionem.

Fol. Dic. v. 1. p. 11. Forbes, p. 538.

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/1711/Mor0100190-005.html