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Scottish Court of Session Decisions >>
Debt which is the foundation of the diligeNCE : Lord Kilkerran (Adjudication) [1738] Mor 108 (1 December 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0100108-020.html Cite as:
[1738] Mor 108
Subject_1 ADJUDICATION and APPRISING. Subject_2 Of the DEBT which is the FOUNDATION of the DILIGENCE.
Date: 1 December 1738 Case No. No 20.
An adjudication proceeding, among other debts, upon a bill, and promissory note, with a fifth part more of them, in name of penalty; annulled in totum; although to the other debts, there was no objection.
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An adjudication proceeding, among other debts, upon a bill, and a promissory note, and adjudging the lands for payment of the liquidate penalty, contained in the other grounds of debt; and for a fifth part more of the said bill and promissory note, in name of liquidate penalty, though no penalty could be in the bill, and none was in the note; found null and void in totum; although it was much urged by some of the Lords, that, where an adjudication proceeded upon different debts, notwithstanding its being found null, as to one debt, it ought to be sustained at least as a security for the other debts, with respect to which there lay no objection to the diligence.
