Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Elizabeth Balfour
v.
Wilkieson

1738, Feb. 14.
Case No. No. 18.

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Upon a division it carried to sustain the adjudication as a security for principal sum, annualrents, and necessary expenses, and annualrents thereof, from the date of the adjudication;—and I do not much differ as to the principal sum and annual-rents, for the want of the annualrents may justly enough be considered as a real damage, from which the adjudger's bona fides might save him; and annualrents are often given nomine damni of sums that by law do not bear annualrent, and are by act of sederunt due after horning and denunciation; and therefore it seems to be no stretch of the nobile officium to give them after adjudication, though erroneously led for more than was due, but led bona fide; but to make expenses a capital bearing interest 10 or 20 years before they are taxed, or can be known, which here is not yet done, I cannot so easily agree with.—Arniston, and several others, were against all accumulations, and for sustaining it for a security only of principal, annualrents, and necessary expenses.