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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Competition of Creditors of Auchinbreck. [1769] Mor 268 (12 July 1769)
URL: https://www.bailii.org/scot/cases/ScotCS/1769/Mor0100268-039.html
Cite as: [1769] Mor 268

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[1769] Mor 268      

Subject_1 ADJUDICATION and APPRISING.
Subject_2 RANKING of ADJUDGERS and APPRISERS.

Competition of Creditors of Auchinbreck

Date: 12 July 1769
Case No. No 39.

Penalties in adjudications on heritable bond and infeftment, ought not to be restricted to the neat expences.


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Creditors, by heritable bond and infeftment, having also led adjudications for their principal sums, arrears of interest, and penalties accumulated; the postponed creditors insisted, That the penalties, thus adjudged for, should be restricted to the neat expences, this being the usual rule with respect to conventional penalties in bonds; but the Lords being of opinion, That creditors had a right to adjudge for their penalties, refused to restrict.*

Fol. Dic. v. 3. p. 15.

* The particulars of No 39. and No 40. which have not been reported, shall be discovered from the processes, and given in the Appendix to the Title Adjudications.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: https://www.bailii.org/scot/cases/ScotCS/1769/Mor0100268-039.html