Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Creditors of Graham
v.
Hyslop

1753, Feb. 6.
Case No. No. 45.

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These creditors had right by progress to an adjudication in 1701 before the Sheriff of Edinburgh, on a decreet cognitionis causa against the heir of Mr Robert Richardson, of an heritable bond by the Viscount of Stormont in 1662 to Mr John Carmichael, and conveyed to Richardson, obliging the Viscount to infeft the creditor in an annualrent effeiring to 4000 merks, in all his lands in Scotland, without naming any, with a precept of sasine in the same general terms. Hyslop again had right to an adjudication in a decreet cognitionis causa on the same bond in the Court of Session in 1703, and objected to the adjudication of the creditors of Mungo Graham, that it was by an incompetent judge, because the Viscount of Stormont had no land in the county of Edinburgh. I reported the case on printed minutes,—and the Lords sustained the objection, and found Graham's adjudication void and null,—though we generally agreed that the Sheriff has power to adjudge cognitionis causa lands within his county, and that such adjudication of a bond secluding executors would be good.—3d August, Adhered.