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Alexander Nairn of Drumkilbo, v Robert M'Lelland. [1712] Mor 204 (22 February 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor0100204-002.html Cite as:
[1712] Mor 204
Subject_1 ADJUDICATION and APPRISING. Subject_2 ALLOWANCE of APPRISING, and ABBREVIATE of ADJUDICATION.
Alexander Nairn of Drumkilbo, v. Robert M'Lelland
Date: 22 February 1712 Case No. No 2.
Effect of filling up, in the allowance, a greater sum than in the decree.
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In the competition, betwixt Drumkilbo and Robert M'Lelland, creditors adjudgers of some lands in North Queensferry, belonging to William Liddel; Drumkilbo objected, against M'Lelland's adjudication, That, suppose it be more than year and day anterior to his, and the legal expired, yet it should be reduced; at least Drumkilbo ought to be brought in pari passu with M'Lelland: Because, the allowance of M'Lelland's adjudication, as it stands recorded in the Bill-chamber, bears to be for L. 763 Scots; whereas, there was only due to him, at the date of the adjudication, 783 merks, which is the sum in the decreet.
The Lords found the objection not a sufficient ground to bring in both the adjudgers pari passu, but only to take off the expiration of the legal of M'Lelland's adjudication.
