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Subject_1 ADJUDICATION.
Date: Creditors of Mungo Graham
v.
Hyslop
6 February 1753
Case No.No. 45.
Adjudication before the Sheriff of a country within which the debitor has no lands, void and null.
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Adjudication before the Sheriff of Edinburgh in 1701, of an heritable bond by Viscount Roxburgh, obliging himself to infeft the creditor in an annualrent, effeiring to his debt in all his lands in Scotland, with a precept of sasine in the same general terms, but no sasine taken on it, was found void and null, though the apparent heir of the creditor against whom it was led lived within the Sheriff's jurisdiction; in respect the Viscount, granter of the bond, had no lands within the jurisdiction; and a posterior adjudger before the Court of Session preferred; though we agreed that adjudications in the Sheriff court are competent; and, 2dly, That if this bond had been only destinatione heritable by secluding executors, the adjudication would have been good.
The electronic version of the text was provided by the Scottish Council of Law Reporting