Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Lord Yester
v.
Lord Lauderdale

1685. November.

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In the adjudication, at the instance of my Lord Yester against the estate of the Duke of Lauderdale, upon a cognitionis causa, and my Lord Lauderdale's renouncing to be heir, compearance was made for Lauderdale, who, as a creditor to the Duke, craved to see the process in common form; for it was the first adjudication. Alleged for the pursuer, That an adjudication can only be required to be seen in common form by the debtor; and creditors must hold themselves content with seeing in the clerk's hands. The Lords ordained the first adjudication, whether upon the old or new Act of Parliament, to be seen in common form, if desired, either by the debtor or a co-creditor.

Nota. Though there be a former apprising or adjudication, an adjudication after year and day thereof ought not to pass summarily, and of course, but must go to the roll—seeing such a posterior adjudication is not concerned in the running of the year, to come in pari passu.

Page 2 No. 9.