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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Nairn of Drumkilbo, v Robert M'Lelland. [1712] Mor 204 (22 February 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor0100204-002.html
Cite as: [1712] Mor 204

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[1712] Mor 204      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 ALLOWANCE of APPRISING, and ABBREVIATE of ADJUDICATION.

Alexander Nairn of Drumkilbo,
v.
Robert M'Lelland

Date: 22 February 1712
Case No. No 2.

Effect of filling up, in the allowance, a greater sum than in the decree.


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In the competition, betwixt Drumkilbo and Robert M'Lelland, creditors adjudgers of some lands in North Queensferry, belonging to William Liddel; Drumkilbo objected, against M'Lelland's adjudication, That, suppose it be more than year and day anterior to his, and the legal expired, yet it should be reduced; at least Drumkilbo ought to be brought in pari passu with M'Lelland: Because, the allowance of M'Lelland's adjudication, as it stands recorded in the Bill-chamber, bears to be for L. 763 Scots; whereas, there was only due to him, at the date of the adjudication, 783 merks, which is the sum in the decreet.

The Lords found the objection not a sufficient ground to bring in both the adjudgers pari passu, but only to take off the expiration of the legal of M'Lelland's adjudication.

Fol. Dic. v. 1. p. 13. Forbes, p. 593.

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/1712/Mor0100204-002.html