Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Harperfield v. Ballantyne of Corhouse
Date: 1 January 1678
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In an action at the instance of Harperfield against Ballantyne of Corhouse, the Lords found a decreet of adjudication may be pronounced summarily, without enrolling. And the offering to prove the debts, for which the adjudication is led, are paid, ought not to stop the course of the diligence, unless it be instantly verified, although it be an adjudication in the new form, reserving all the defences to the action for maills and duties. Vide supra, 2d December 1675, Kello and Nasmith, No. 453, § 3.
Referring to oath, if the pursuer be in town, will be reputed an instant verification.
