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Scottish Court of Session Decisions >>
The Lord and Lady Ormistoun v John Hamilton of Bangour, and his Tutrix. [1711] Mor 190 (8 November 1711)
URL: http://www.bailii.org/scot/cases/ScotCS/1711/Mor0100190-005.html Cite as:
[1711] Mor 190
Subject_1 ADJUDICATION and APPRISING. Subject_2 ADJUDICATIONS and APPRISING pass periculo petentis; and all Defences are reserved contra executionem, unless instantly verified.
The Lord and Lady Ormistoun v. John Hamilton of Bangour, and his Tutrix
Date: 8 November 1711 Case No. No 5.
In a process of adjudication, reasons of reduction of the decree on which it is founded; are received incidenter, if instantly verified.
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Bangour having raised reduction of a decreet, obtained at my Lord and Lady Ormistoun's instance, against him as heir served cum beneficio inventarii, to the Lord Whitelaw, for L. 33,849: The Lords allowed Bangour's reduction to be received incidenter, in a process of adjudication upon the decreet, as to reasons injure, and instantly verified; but found, that he behoved to proceed in the common course, as to other reasons in facto, requiring a term to prove them; and refused to discuss even the relevancy of these incidenter to stop adjudication, reserving the same contra executionem.
