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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Edward Tyson v Alexander Cunningham, &c. [1771] Hailes 436 (31 July 1771) URL: http://www.bailii.org/scot/cases/ScotCS/1771/Hailes010436-0227.html Cite as: [1771] Hailes 436 |
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[1771] Hailes 436
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ADJUDICATION.
Subject_3 Effect of Objections thereto in a Ranking.
Date: Edward Tyson
v.
Alexander Cunningham, &c
31 July 1771 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, V. p. 295; Appendix I.; Adjudication, 5.]
Hailes. The only purpose of this adjudication was to draw L.200 sterling out of the subject, to the prejudice of Dunbar's creditors: The debt had been due little more than a year, when the adjudication was deduced without any diligence. It was preferable to all Dunbar's creditors. The only preferable debt to it was Janet Fleming's, and that debt was so small, and the fund of payment so large, that no one would have thought of adjudging merely for security.
Coalston. There was a summum jus in leading this adjudication. A creditor may adjudge for his security, and we cannot enter into the question whether that measure is necessary or not; but I would lay hold of the objection as to the summons being too soon called, and restrict the adjudication.
President. If you sustain the adjudication in this case, for penalties, you must in every one; for never was there an adjudication deduced upon less occasion.
On the 31st July 1771, “The Lords restricted the adjudication to principal, annualrents, and necessary expenses accumulated at the date of the adjudication;” altering Lord Gardenston's interlocutor.
Act. Ilay Campbell. Alt. R. M'Queen.
The electronic version of the text was provided by the Scottish Council of Law Reporting
