Virtual Interdiction. - Solemnities in publication. - Effect after publication. - Effect as to moveables or personal execution.
Brown v. Lands
Date: 15 March 1637 Case No. No 9.
Found in conformity with the above.
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James Brown, son to umquhile Mr Nicol Brown, being interdicted by Alexander Brown his uncle, whereupon publication was lawfully executed, and thereafter having given some bonds to James Lands vintner in Leith, one for payment of L. 200, and another as cautioner for the taverner-woman of the said James, for payment to him as cautioner for her of L. 300; these bonds were craved to be reduced at the instance of the said Alexander, upon the ground of the foresaid preceding interdiction, which extended as well in the conception of the same to moveables, as to immoveables. The Lords found the reasons nowise relevant to reduce these two bonds libelled, which were not moveable bonds, against which the Lords found, That interdictions ought not to militate, of whatsoever tenor they were; for the Lords thought, That notwithstanding thereof, the creditors contracting after interdiction with the interdicted person, might have all lawful execution, both against his person and his moveable goods, as if he had not been interdicted, and therefore sustained the bonds.
Clerk, Gibson.
Fol. Dic. v. 1. p. 479. Durie, p. 837.
