Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Cowper v. Williamson and Bogmiln
Date: 30 January 1627 Case No. No 5.
An heritable bond, which had been made moveable by a charge, given by a defunct, found to be come executry, and not adjudgeable.
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In an action of adjudication, at the instance of a woman called Cowper, against Williamson and L. Bogmiln, whereby the pursuer craved a bond of some monies made to the defunct, who was debtor to the pursuer; conceived in manner of an heritable bond, bearing annualrent; to be adjudged to the pursuer, for satisfying of, the defunct's debt; to whom the defender called in this process of adjudication, had renounced to be heir, as is usual in these cases.——The Lords found, That this bond, and the right thereof, could not be craved to be adjudged by this manner of process of adjudication; in respect that the defunct had made the bond, and sum therein-contained, moveable, by making requisition therefor in his own time; whereby it was not heritable, to be sought by adjudication; but being thereby made moveable, would pertain to the executors of the defunct, and come under his testament, and so might be arrested or poinded; or, if the executors of the defunct should not confirm it, then the creditor might confirm himself executor, to the effect he might be paid, and that he might seek some other way than by adjudication.
Act. Aiton.Alt. M'Gill.Clerk, Gibson.
Fol. Dic. v. 1. p. 10. Durie, p. 264.
