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 >> Maxwell of Dalswinton, and Riddell of Glenriddell v Maxwell of Barncleugh. [1743] Mor 110 (5 February 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor0100110-025.html
Cite as: [1743] Mor 110

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


[1743] Mor 110      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.

Maxwell of Dalswinton, and Riddell of Glenriddell
v.
Maxwell of Barncleugh

Date: 5 February 1743
Case No. No 25.

Pluris petitio is only inferred from the decree, not from the libel.


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

The objection to an adjudication, that the libel, upon the first alternative, concluded, that the lands should be adjudged, corresponding, not only to the principal sum and annualrents, and fifth part more, but also to the penalty, was not sustained, even to the effect of opening the legal; in respect, the adjudication proceeded, not on the said first alternative, but upon the second.

For, even though there had been the like error in libelling upon that alternative, on which the adjudication did proceed, yet if, when the decree came to be pronounced, that error, of pluris petitio, had been rectified, and decree only sought, and obtained, for the sums truly due, the error, in the libel, would have been no nullity.

Fol. Dic. v. 3. p. 4. Kilkerran (Adjudication), No. 14. p. 10.

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/1743/Mor0100110-025.html