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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alison and Jean Mabens v William Ormiston. [1740] 2 Elchies 11 (25 July 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies020011-027.html |
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Subject_1 ADJUDICATION.
Date: Alison and Jean Mabens
v.
William Ormiston
25 July 1740
Case No.No. 27
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The apprisers in possession could not use personal diligence by horning, caption, &c. against their debtors without first renouncing their apprising; yet the Lords thought, that the law was now different as to adjudgers having general adjudications since the act 1672, which makes that regulation in the case only of special adjudications; and therefore, on report, past a bill of horning for a debt whereon the adjudication had been led, and whereon the creditor was in possession. (See Dict. No. 18. p. 219.)
The electronic version of the text was provided by the Scottish Council of Law Reporting