BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Strchan v Creditors of Edzell. [1706] Mor 6711 (20 June 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Mor1606711-133.html Cite as:
[1706] Mor 6711
In what cases Extracts sustained to satisfy production. - When condescendence of the writs called for is sufficient. - Transumpts.
Strchan v. Creditors of Edzell
Date: 20 June 1706 Case No. No 133.
Click here to view a pdf copy of this documet : PDF Copy
A creditor upon an incumbered estate, for a sum far exceeding half its value, pursuing reduction and improbation against all the other creditors, and the question being, how far they were obliged to produce warrants and principal writs, and how far extracts could satisfy a production; the Lords, considering the inconvenience on both sides, and what had been the constant form in this case, determined as follows, viz. That if they be writs registered in the books of Session, a condescendence on the dates of their registration is sufficient to burden the pursuer with the search; but it is otherwise in writs registrated in inferior courts; therefore the Lords in the present case found, That certification ought to pass against the last if not produced; but in regard of the importance of the affair, and greatness of the danger, they gave the defender a diligence to cite the clerks for recovery of the principals; and because they were dispersed through many judicatories, they assigned a long day to search them out.
