Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Brown v. Sir Patrick Hepburn of Blackcastle
Date: 20 January 1693
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James Brown, apothecary in Edinburgh, against Sir Patrick Hepburn of Blackcastle. The Lords allowed James Brown to adjudge on the warrandice of his disposition declaratoria juris, that it should not affect Sir Patrick's other lands, but only in case of distress, and effeiring to the eviction; both because Sir Patrick was notourly broken, and other creditors had already adjudged, and he was striving to be within year and day; and there was eminent hazard of eviction, both from Sir John Hall and Lord Harcus: for if distress should exist, then he should be without year and day, and so unjustly cut off; and if it should never occur, then his adjudication would take no effect, and do the other creditors no hurt: And it was remembered, that lately the Lords allowed Robert Burnet to adjudge Dawick's estate, on a bond of cautionry, though the term of payment was not come, he not being then distressed; but it was only conditionally in case of distress.
