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Scottish Court of Session Decisions >>
Lady Bangour v Mr William Hamilton Advocate. [1681] Mor 3467 (26 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0803467-003.html Cite as:
[1681] Mor 3467
In favourable cases year and day counted de momento in momentum.
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The Lady contending her adjudication of her husband's estate was within year and day of the first, and so behoved to come in pari passu with it, alleged the first adjudication was dated 30th day of July 16—, and hers was the 31st of July the following year, which was a day without the year. ‘The Lords sustained her comprising as within the year and day, and found the year as to this favourable calculation of bringing in creditors together was not only 365 days, but also 24 hours farther, counting de momento in momento;’ yet in leap year, there is an intercalary day more in February. ‘But the Lords found her adjudication null, because it wanted both a decreet cognitionis causa, and a renunciation to be heir.’ Though it was answered, finding she was prevented in diligence, she gave in a bill to the Lords, that they might allow her summarily to adjudge, at least to declare her inchoate diligence before the year expired should come in pari passu with the prior adjudgers; and which the Lords had granted; but this was only periculo petentis, and cannot alter the form established in such cases.
