Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Alison and Jean Mabens
v.
Ormiston

1740, July 25.
Case No. No. 27.

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Me referente upon William Seaton Writer to the Signet's suggestion upon a bill of horning, the Lords found, that an adjudger, having a general adjudication, in possession, may notwithstanding use personal execution by horning, caption, &c. When this was first moved, Arniston, and several others, demurred, who thought that this would depend on the question, Whether apprisers before 1672 could, notwithstanding the possession, use such diligence, and therefore delayed for a memorial, which they got, but did not state the difficulty, and therefore I laid before them such decisions as I found in Durie, which were all, that a compriser in possession could not use personal execution without renouncing. However, the Lords thought the law was now different as to general adjudications, especially since the act 1672 had specially provided for the case of special adjudications, but without repeating the same provision as to general adjudications: The omission seemed to be ex proposto,—and therefore they directed me to pass the bill.