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Scottish Court of Session Decisions >>
Competition of Creditors of Auchinbreck. [1769] Mor 268 (12 July 1769)
URL: http://www.bailii.org/scot/cases/ScotCS/1769/Mor0100268-039.html Cite as:
[1769] Mor 268
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Competition of Creditors of Auchinbreck
Date: 12 July 1769 Case No. No 39.
Penalties in adjudications on heritable bond and infeftment, ought not to be restricted to the neat expences.
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Creditors, by heritable bond and infeftment, having also led adjudications for their principal sums, arrears of interest, and penalties accumulated; the postponed creditors insisted, That the penalties, thus adjudged for, should be restricted to the neat expences, this being the usual rule with respect to conventional penalties in bonds; but the Lords being of opinion, That creditors had a right to adjudge for their penalties, refused to restrict.*
Fol. Dic. v. 3. p. 15.
* The particulars of No 39. and No 40. which have not been reported, shall be discovered from the processes, and given in the Appendix to the Title Adjudications.
