Subject_1 ADJUDICATION and APPRISING. Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.
Creditors of Catrine v. Baird of Cowdam
Date: 1 December 1738 Case No. No 19.
An adjudication annulled; in so far as it regarded a bill bearing annualrent and penalty, held by the adjudger in trust; and vet sustained, as to his own claims, which were articulately libelled.
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It being objected to an adjudication, that the accumulate sum was partly made up of a bill bearing annualrent and penalty, which behoved to void the adjudication in totum; seeing it was not an articulate adjudication; but all the debts brought into one accumulate sum; the adjudger yielded, that this behoved to be the consequence, did the bill in question belong to himself; but he pleaded, That he was only a trustee for the behoof of another, and it would be hard, that his barely executing the commission entrusted to him, should have the effect of cutting down his own debt, more than that of any third party, for whose behoof the adjudication may also have been led.
The Lords found the bill, and adjudication, in so far as it proceeded thereon, void and null; but found this not sufficient to annul the adjudication in totum, in respect the indorsation to the adjudger, bore that the bill was indorsed in trust, for behoof of the indorser *.
Fol. Dic. v. 1. p. 8.
* The same case is thus mentioned by Lord Kilkerran.—An adjudication proceeding, among other debts, upon a bill which bore penalty and annualrent, was sound void and null, only quoad that bill, and sustained as to the other debts; in respect the indorsation to the adjudger, bore that it was indorsed in trust for the behoof of the indorser.
