Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Castlesomerville. [1751] 5 Brn 793 (4 December 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Brn050793-0960.html |
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Subject_1 DECISIONS OF THE LORDS OF COUNSEL AND SESSION, COLLECTED BY SIR JAMES BURNETT, LORD MONBODDO.
Date: Creditors of Castlesomerville
4 December 1751 Click here to view a pdf copy of this documet : PDF Copy
[Kaimes, No. 127.]
The Lords in this case found that a plurispetitio in an adjudication, or adjudging the lands for more than was truly due, provided it was not done fraudulenter vel dolose, did not annul the adjudication in totum, but only reduced it to a security for principal sum and annualrents; and this was agreed to by the other party, so that it came to be a question of fact whether the plurispetitio in this case was fraudulent, or proceeded from ignorance or mistake.
The electronic version of the text was provided by the Scottish Council of Law Reporting