Scottish Court of Session Decisions

Subject_1 CHARGE TO ENTER HEIR.

Creditors of Catrine
v.
Baird of Cowdam

Date: 14 January 1744
Case No. No 11.

It was objected to an adjudication, that the lands were not filled up in the special charge, at the time of pronouncing and extracting the decree. Found, that the objection was irrelevant.

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An objection having been made to an adjudication, that although the lands were now filled up in a special charge, yet it was offered to be proved, that the special charge had been seen blank in the lands since extracting the decree of adjudication. The Ordinary, before whom the objection was made, admitted the same to proof before answer. When this day the proof came to be advised, it was observed, That upon the like suggestion, it might be offered to be proved by witnesses, that the warrant had been seen wanting the signature of the Judge, which now appeared at it after the decree was extracted. It happened, indeed, that in this case, there was no proof brought of the allegeance; but to show the sense of the Court, it was proposed on the Bench, and agreed to, that the interlocutor should find ‘The objection neither relevant nor proved;’ and it was so pronounced accordingly.

Fol. Dic. v. 1. p. 131. Kilkerran, (Clause to Enter Heir.) No 2. p. 120.