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Scottish Court of Session Decisions >>
Maxwell of Dalswinton, and Riddell of Glenriddell v Maxwell of Barncleugh. [1743] Mor 110 (5 February 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor0100110-025.html Cite as:
[1743] Mor 110
Subject_1 ADJUDICATION and APPRISING. Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.
Maxwell of Dalswinton, and Riddell of Glenriddell v. Maxwell of Barncleugh
Date: 5 February 1743 Case No. No 25.
Pluris petitio is only inferred from the decree, not from the libel.
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The objection to an adjudication, that the libel, upon the first alternative, concluded, that the lands should be adjudged, corresponding, not only to the principal sum and annualrents, and fifth part more, but also to the penalty, was not sustained, even to the effect of opening the legal; in respect, the adjudication proceeded, not on the said first alternative, but upon the second.
For, even though there had been the like error in libelling upon that alternative, on which the adjudication did proceed, yet if, when the decree came to be pronounced, that error, of pluris petitio, had been rectified, and decree only sought, and obtained, for the sums truly due, the error, in the libel, would have been no nullity.
Fol. Dic. v. 3. p. 4. Kilkerran (Adjudication), No. 14. p. 10.
