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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson v Orme. [1755] 5 Brn 838 (16 December 1755)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.
Date: Robertson
v.
Orme
16 December 1755 Click here to view a pdf copy of this documet : PDF Copy
A creditor adjudged his debtor's lands; and, after adjudication, raised a summons of maills and duties against the tenant of the lands, who, soon after he was served with the summons, paid his rent to his master. Thereafter the creditor did nothing for seven years, and then brought his action against the tenant for paying over again the rents he paid to his master; but the Lords found unanimously that, the creditor having let his adjudication lie so long over, the payment by the tenant was to be held a bona fide payment, especially as the tenant in this case was only served with a short copy, without a full copy of the summons.
Lord Kaimes said, that, though an adjudication was a disposition, yet it was no more than insecurity, during the legal; and therefore the adjudger very seldom chose to possess, nor was he to be presumed to have that animus from a simple citation in a maills and duties unless he followed it forth by a process.
The electronic version of the text was provided by the Scottish Council of Law Reporting