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Scottish Court of Session Decisions >>
Jean Smellome, Supplicant. [1774] Mor 206 (22 November 1774)
URL: http://www.bailii.org/scot/cases/ScotCS/1774/Mor0100206-005.html Cite as:
[1774] Mor 206
Subject_1 ADJUDICATION and APPRISING. Subject_2 ALLOWANCE of APPRISING, and ABBREVIATE of ADJUDICATION.
Jean Smellome, Supplicant
Date: 22 November 1774 Case No. No 5.
Abbreviates, not recorded within the 60 days, may still be recorded, by warrant of Court.
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The petitioner set forth, That, upon the 29th June last, she obtained decree of adjudication, before this Court, against Thomas Beveridge, only son of the deceased Alexander Beveridge, writer in Dundee: That the foresaid decree of adjudication was duly signed and extracted; and two abbreviates thereof were also signed by Lord Pitfour, Ordinary, who pronounced the same; but, by the inadvertency of the petitioner's doer, the abbreviate of said decree was not recorded within the sixty days, appointed by regulations 1695, art. 24.; by which omission, the petitioner's diligence is, in so far, incomplete; and, therefore, praying the Court to grant warrant for recording the abbreviate of said decreet of adjudication, conform to the practice in similar cases.
The Lords ‘granted warrant accordingly.’
Act. C. Boswell.
Fol. Dic. v. 3. p. 11. Fac. Col. No 139. p. 366.
