Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 7 November 1685
- v. Lord Marshall
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A wadsetter of my Lord Marshall's adjudging for his sum, and the Earl offering to give him particular lands and a progress; the Lords refused to restrict the wadsetter to such a special adjudication of particular lands only, because the Earl did not purge the incumbrances condescended on, affecting the lands offered, as the 19th Act of Parliament, 1672, provides.
It was queried, Where one adjudges a debtor's lands on his own bond, if the bond ought to be registrate, or a charge of horning to be given, prior to the summons. Some writers thought, if it was an heritable bond secluding executors, or bearing a destination of infeftment, it ought at least to be registrate, because comprisings (in whose place adjudications are now surrogated) required it. But adjudications have their own particular form (quæ dat esse rei,) prescribed by the said 19th Act of Parliament 1672.
