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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Park v Patrick Maxwell. [1785] Mor 14382 (28 June 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor3314382-023.html
Cite as: [1785] Mor 14382

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[1785] Mor 14382      

Subject_1 SERVICE AND CONFIRMATION.
Subject_2 SECT. III.

General Disponee.

Creditors of Park
v.
Patrick Maxwell

Date: 28 June 1785
Case No. No. 23.

Service and confirmation necessary to render valid a decree of adjudication in favour of an executor.


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Arthur Park was indebted in a sum of money to Hugh Warden, whose general disponee, unconfirmed, obtained decreet for the debt; and on that ground an adjudication was afterwards deduced. To this adjudication other creditors

Objected; Without previous confirmation the decree could not be valid; 26th November, 1784, Lenox contra Grant, p. 14381, supra; of consequence the diligence which followed upon it was likewise void.

Answered: If a debtor acknowleges the right of his creditor's successor, by granting to him a bond of corroboration, the necessity of confirmation will be superseded. The same consequence should seem to follow from his submitting to the passing of a decree against him at the instance of the heir, and so the point has been explicitly determined; March, 1686, Children of Bangor contra Duke and Duchess of Hamilton, No. 58. p. 13285.

The Lord Ordinary repelled the objection. But

The Court altered that judgment; and, in respect of the want of confirmation, found the adjudication ineffectual.

Lord Ordinary, Kennet. Act. Rolland. Alt. Blair, Morthland. Clerk, Home. Fol. Dic. v. 4. p. 268. Fac. Coll. No. 218. p. 344.

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/1785/Mor3314382-023.html