Scottish Court of Session Decisions

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

The Creditors of Lauderdale
v.
Lord Yester

1686. December.

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The Creditors of the Duke of Lauderdale, having craved a decreet, cognitionis causa, upon the heir of tailyie's renunciation, my Lord Yester compeared, and alleged, That he had interest to show that the pursuer's debts were satisfied, both as being apparent heir of line, against whom the creditors might recur, and as the first adjudger; and therefore he craved to see the process. Answered for the pursuers, That the year and day of my Lord Yester's adjudication was so far run, that a week's delay would totally exclude them from coming in pari passu with him; and they were content to reserve all defences competent to the heir of line contra executionem. The Lords ordained a decreet cognitionis causa to be put up in the minute-book, not to be extracted, that the summons of adjudication might be raised and executed; and allowed my Lord Yester to insist in proving the debts satisfied, any time betwixt and the pronouncing of the decreet of adjudication; and the decreet cognitionis causa to be restricted and regulated according as the debts should appear to have been satisfied.

Nota. Here the summons was raised at the instance of many creditors, every one for their own debts; which was a novelty, the ordinary custom being to assign all the debts to one upon back-bonds.

Page 3, No. 10.