Subject_1 ADJUDICATION.
Date: Creditors of Maxwell of Newlaw, viz Brown of Mollance.
22 July 1737
Case No.No. 12.
To support a constitution, as the foundation of an adjudication, there must be evidence of the passive titles, but that evidence may be adduced ex post facto.
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A constitution pronounced 30 years ago, by special warrants of the Lords, that the adjudication might be within year and day of a prior adjudger, but without any proof of passive titles, and an adjudication upon it being quarrelled, because the passive titles were not proven, The Lords would not sustain the passive title of charged to enter heir upon a general charge produced prior to the decreet, in respect that passive titles were not
libelled in the process of constitution: But allowed the creditor to support his decreet by proving the passive titles libelled, though the defender in that decreet is now dead. And the creditor having past from any further proof of the passive titles, the Lords reduced the adjudication in toto.
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