Scottish Court of Session Decisions

Subject_1 ADJUDICATION.

Hunter of Lochreny
v.
Hunters

1742, July 20.
Case No. No. 34.

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An adjudication led against an heir as specially charged to enter heir, where the special charge was blank in the lands, but the heir, after the adjudication, entered in the lands,—and after 20 years the creditor pursues an expiry of the legal, and produced the letters of special charge. The Lords sustained the objection, and assoilzied from the declarator, notwithstanding the heir's subsequent entry, and notwithstanding that it was after 20 years, since the pursuer produced the special charge; and some of us, (Arniston and Ego) thought it void and null in toto. But there was no occasion in this process to determine that point.—3d July 1741.

An adjudication on a special charge to enter heir, which remains yet blank in the lands, and which was produced by the creditor, though the adjudication was in 1705, but after the adjudication, the heir charged was entered and infeft;—we all agreed the adjudication was null. The only question was, Whether as to the jus superveniens? We also agreed that it could not accresce to give the adjudication the benefit of an expired legal, which he sought; but then it was doubted, whether in the question with the heir it should not subsist as a security for what is justly due? But as the process was a declarator of expiry of the legal, and no process of mails and duties, we simply adhered to the Ordinary's interlocutor, finding it void and null, which, however, is contrary to the decision betwixt Colonel Charteris and Sir John Hume.