Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem, unless instantly verified.
Boyd v. Boyd
Date: 26 July 1676 Case No. No 1.
Exceptions against the grounds of debt, reserved, contra executionem, unless instantly verified.
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Alexander Boyd pursues Thomas Boyd of Pinkel, his brother, upon several sums due to the pursuer, for himself and his assignees, for establishing the debts, and adjudging the lands in satisfacion thereof, conform to the act of Parliament. The defender alleged, no process, in this order, by accummulating the establishment of the debt, and the adjudication in one process. 2do, The debts are suspended, and reduction and improbation raised against the same, which must be first discussed.
The Lords sustained the summons, and allowed the defender to repeat his reasons of reduction by way of defence, if the same were instantly verified; and if he cannot, ordains the lands to be adjudged; but with reservation of the reasons of reduction contra executionem in any process that shall be intented for mails and duties, &c. that the pursuer be not stopped in his diligence, or prevented by others.
