Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.

Gilchrist
v.
Lang

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Lang, creditor to Gilchrist, by an heritable bond, raised an adjudication against his estate; which being called in common form, a day was assigned him to produce a progress, viz. 12th November I776. On the 26th of October, Gilchrist, under form of instrument, made him an offer of his principal sum, expenses of infeftment, expenses of process to that date, and interest of his principal sum, to Martinmas 1776, in regard it was betwixt terms; but Lang refused, and insisted for a decreet of adjudication; and accordingly, when the 12th November came, he extracted his act, and before the Ordinary on the Acts obtained circumduction and a decerniture in common form. Finding that the Ordinary on the Acts was exauctorate, and could give him no relief, Gilchrist applied, by petition, to the Inner-house.

The Lords expressed displeasure at Lang’s procedure,—Found that he was bound to accept of his principal sum, contained in the bond sued for, with the legal interest thereon, at Martinmas last, and expenses of infeftment, together with the expenses of this process to the 26th of October last; and, upon receipt thereof, to discharge the said heritable bond, and all competent thereon: Therefore, upon payment being made, as aforesaid, they prohibited the foresaid decreet of adjudication to be extracted, and found the respondent, Lang, liable in the expense of the petition; which they modified to ₤3 sterling.