Subject_1 ADJUDICATION and APPRISING. Subject_2 FORMALITIES of the DILIGENCE.
Ranking of the Creditors of Alison of Dunjop
Date: 18 November 1757 Case No. No 12.
An adjudication restricted, where the accumulate sum had been left blank in the decreet.
Click here to view a pdf copy of this documet : PDF Copy
In the ranking of the creditors of Dunjop, it was objected by some of the creditors, to an adjudication against the estate of Dunjop, produced by Anne and Margaret Auchinlecks, That though the summons of adjudication recited the debts on which adjudication was sought; yet the accumulate sum was blank in the decreet of adjudication, and abbreviate of it. The creditors did not insist upon reducing the adjudication in toto, but only to restrict it to a security for the principal sums, annualrents, and expences of deducing the adjudication.
Answered for Ann and Agnes Auchinlecks, The objection was not good to strike them off from the penalties and accumulations of the sum in their adjudication. The act 1672, which prescribes the method of adjudications, does not require the amount of the principal sum, annualrents, and penalties of the adjudication, to be expressed in one sum; neither is there any warrant in the signature of the judge for ingrossing that amount: And though the extractors are in use to fill it up in extracting the decreet, yet there is no necessity to do it, the same being merely an operation of figures, in which there can be no mistake, and which any one may do.
Replied for the creditors, Comprisings gave originally as much land as was equal to the avail of the sum; afterwards they gave a fifth part more; and therefore the sum ought to have been ascertained and expressed when the decreet was pronounced. Besides, as the adjudication becomes a real burden upon the lands, it ought to appear with certainty from the records, how much the lands are burdened.
‘ The Lords found, That the accumulate sums, not being filled up, is no nullity in the adjudication; and restricted the adjudication to a security for the principal sum, annualrents, and expences of deducing the adjudication.’
For Auchinlecks, Arch. Murray.For the Creditors, Bruce.
Fol. Dic. v. 3. p. 9. Fac. Col. No 58. p. 96.
