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Scottish Court of Session Decisions >>
Campbell v Baxter. [1638] Mor 139 (24 November 1638)
URL: http://www.bailii.org/scot/cases/ScotCS/1638/Mor0100139-011.html Cite as:
[1638] Mor 139
Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Campbell v. Baxter
Date: 24 November 1638 Case No. No 11.
An adjudication of moveables, where the heir had renounced, found incompetent.
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One Campbell, being made assignee by the creditors of umquhile Thomas Baxter, smith in Edinburgh, to the debts owing to them by the said umquhile Thomas, pursues John Baxter, his apparent heir, as lawfully charged to enter heir; who, renouncing to be heir, is assoilzied; and thereupon, adjudication being sought against the debtors of the said umquhile Thomas Baxter, and sentence of adjudication being obtained against the debtors compearing; which being suspended, the Lords found, That the particulars adjudged, could not come undersuch a process, and sentence of adjudication; seeing the same were moveables, which might be sought by arrestment; whereas, adjudication is for immoveables; this was found, albeit there was a sentence obtained, the party compearing, who might have opponed this; but the Lords found the nature of the debts decerned, might permit this at any time to be opponed, specially where it was proponed by another party, than by them against whom the sentence was pronounced.
