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Scottish Court of Session Decisions >>
The Earl of Northesk v Kinfauns' Creditors. [1694] 4 Brn 211 (14 November 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040211-0479.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Northesk v. Kinfauns' Creditors
Date: 14 November 1694
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The Earl of Northesk gave in a petition against the Creditors of Kinfauns, that they should expunge his lands out of their adjudications. The Lords found creditors might adjudge all lands wherein the debtor stood infeft, or had right to the property by a disposition; but, if it was only an infeftment of annualrent, or for relief, or the like, in that case they should not insert the lands per expressum; but it was sufficient to adjudge from the debtor all right standing in his person, or any claim he had to such lands in general. For, though it be hard to put creditors to instruct their debtors' rights, which they have not yet recovered, so, on the other hand, it were absurd to put them to adjudge any man's lands who they suspected stood obliged to their debtor. But the foresaid general clause salves both these inconveniencies.
