Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

William Aikman
v.
James Oswald

Date: 8 February 1676

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Master William Aikman having obtained decreet, cognitionis causa, against James Oswald, upon his renunciation to be heir, pursues adjudication of certain tenements; which being called, and given out to see, was given back without a return,—the advocate who saw it, declaring that he was not for the defenders; and, being called by the clerk, in presence of the ordinary, he obtained a decreet of adjudication: whereupon there is a bill given in to stop the same, craving that it might be given out to be seen, and returned and enrolled.

It was answered for Aikman, That the defender's mother had insisted in an adjudication before the sheriff, and obtained the same by collusion; and therefore, now, Aikman having obtained decreet before the Ordinary, though in absence, the defender should not, by collusion, delay him, but immediately answer; otherwise the Lords are not obliged to stop or delete his decreet.

The Lords, in consideration of the collusion, refused to delete the decreet; but allowed a sight in the clerk's hands, and to answer before the Ordinary.

Vol. II, Page 411.