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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Smellie, Petitioner [1774] 5 Brn 373 (23 November 1774)
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Cite as: [1774] 5 Brn 373
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[1774] 5 Brn 373
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Date: Jean Smellie, Petitioner
23 November 1774 Click here to view a pdf copy of this documet : PDF Copy
ADJUDICATION
When an abbreviate of adjudication happens not to be recorded within the sixty days, the Lords are in use of granting a special warrant upon special application for that purpose. They were in use to do so formerly, as to the alowances of comprisings. 17th December 1657, Mack., Obs. p. 396, Stair against Innes, 1665; and they are now in use to do the same as to abbreviates of adjudication. Bank. B. 3, tit. 2, § 50.
In this last case, Jean Smellie having obtained a decreet of adjudication against Thomas Beveridge, 29th June 1774, her doer neglected to record the abbreviate within the sixty days. An application was made to the Lords, 22d November 1774, for a warrant to record the abbreviate; which the Lords granted; and it was recorded accordingly.
The electronic version of the text was provided by the Scottish Council of Law Reporting