John Thain, Advocate in Aberdeen, v. Sir William Moncrief of Moncrief
Date: 25 July 1770 Case No. No. 4.
Process of adjudication cannot be stopped or delayed by a multiplepoinding raised by the debtor, doubly distressed for the debt adjudged for.
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Thain having led an adjudication against Sir William Moncrief for a debt which was a real burden upon the estate. Sir William objected, that as he was distressed by other creditors claiming the same debt, who had used arrestments “in his hands, the adjudication either should not be allowed to proceed, or that procedure therein should be sisted till the issue of a multiplepoinding he had brought into Court; in order that, by having it ascertained who had best right to the debt, he might pay with safety.
This was opposed by the adjudger; who alleged it would be a novelty in the practice of the Court to stop a decree of adjudication, on the pretence of third parties having a better right than the person vested in the debt on which the adjudication was demanded; and referred to the Dictionary of Decisions, voce Adjudication, 15th Nov. 1666, Cheyne contra Christie. No. 7. p. 192. l9th March 1707, Buchanan contra Marquis of Montrose No. 11. p. 196. 16th Dec. 1707, Tod contra Scott, No. 4. p. 190.
The Lord Ordinary decerned in the adjudication; and upon advising two reclaiming petitions with answers, the Judges were of opinion that nothing could stop or delay an adjudication but consignation of the debt; and therefore they “adhered to the interlocutors reclaimed against, reserving all exceptions contra executionem.”
Lord Ordinary Hailes.For Thain, Rolland.Clerk, Ross.For Moncrief, J. Douglas.
Fac. Coll. No. 36. p. 99.
