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Scottish Court of Session Decisions >>
Edward Gillespie v Home of Eccles. [1680] 3 Brn 337 (13 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030337-0449.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Edward Gillespie v. Home of Eccles
Date: 13 February 1680
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In Edward Gillespie's case against Home of Eccles; where one pursues for maills and duties, and, pendente lite, accepts of his bygone annualrents, he cannot insist and crave a decreet against the tenants in time coming, unless there be at least a term's annualrent owing; for it is not known if that tenant shall remain there as tenant, when the same shall become due, yea or not.
Vol I. Page 86.
Anent Adjudications.
Adjudications on the Act of Parliament 1672, are summarily called and decerned without enrolling; but adjudications upon renunciations to be heir, and special adjudications ad factum præstandum, as to fulfil a disposition, must be enrolled in communi forma; unless the pursuer instruct that he is running for diligence, and that there are adjudications past against that same person before him. See December 1675, [page 54, Nasmith.]
