Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kilbucko v - - [1740] 5 Brn 695 (14 February 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Brn050695-0843.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Kilbucko
v.
- -
14 February 1740 Click here to view a pdf copy of this documet : PDF Copy
[Elch., No. 24, Adjudication ; Kilk., ibid. No. 7.]
The Lords found that the adjudication did carry the bygone annualrents in question, and that the heir's not entering was the same thing as if he had renounced ; and that, by his contumacy in not entering in obedience to the charge, he cannot be in better condition than if he had formally renounced. Add to this, that his silence in neither entering nor renouncing ought to be interpreted against him, in the same manner as in the Roman law,—see Tit. Cod. de Jure Delib., 1. ult. p. 14.
But the chief reason that moved the Lords was, that there was no other form of diligence that could affect these annualrents.
The electronic version of the text was provided by the Scottish Council of Law Reporting