Subject_1 ADJUDICATION and APPRISING. Subject_2 FORMALITIES of the DILIGENCE.
Maxwell v. Maxwell
Date: 4 February 1743 Case No. No 9.
A bond is granted to a person, and the heirs of his body, whom failing, to his sister. An adjudication led by her, without a service to ascertain that her brother had left no heirs of his body, is restricted.
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Maxwell of Friarscarse, granted bond to Stephen Irvine, and the heirs of his body; whom failing, to Margaret, his eldest sister. She, upon the death of her brother, assigned the bond to one Bentruck; Bentruck conveyed it to Maxwell of Barncleuch, son to the said Margaret. Maxwell of Barncleuch, led an adjudication upon this bond, against the lands of Friarscarse. It was objected, in an after question concerning the rights of these lands, that the adjudication was null, 1mo, because it bore date 21st January 1693, and yet interest was accumulated at Candlemas 1693; 2do, That no service appeared of Margaret to her brother to ascertain the failure of issue of his body.
The Lords restricted the adjudication to a security for principal, interest, and necessary expences.
