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Subject_1 ADJUDICATION.
Corsan
v.
Maxwell
1737 ,Nov .17 .
Case No.No. 16
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The Lords found the petitioner liable for repetition of the rents only from the date of the first interlocutor opening the legal of the adjudication, and restricting it to a security.—Adhered 17th November.—4th November 1737.
The Lords found, that in so far as the personal debts in the defender's person can compete with the pursuer's debts, and adjudication thereon, the defender's super-intromissions ought to be imputed in extinction of it, reserving to the defender to make use of the same against the heir as accords; and refused the defender's counter-petition, praying that he might be allowed to redeem the pursuer's adjudication on payment of principal annualrents and expenses; for we thought that the inhibition secured the adjudication, as well as the debt in the bond.—26th January 1738.
The electronic version of the text was provided by the Scottish Council of Law Reporting