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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Provost of Aberdeen, Supplicant. [1751] 1 Elchies 14 (29 November 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies010014-040.html Cite as: [1751] 1 Elchies 14 |
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[1751] 1 Elchies 14
Subject_1 ADJUDICATION.
Provost of Aberdeen, Supplicant
1751 ,Nov .29 .
Case No.No. 40.
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The first adjudication of Burnet's estate is dated 30th November 1750. pro. Aberdeen, as trustee for certain pursued adjudications, whereof the last day of compearance was the 28th of this month, therefore yesterday called his summons, and at night gave in his bill, praying warrant to enrol to-morrow in the regulation-roll (though Saturday) in order to be decerned for that day; and other two creditors, Elizabeth Brown and George Moir, whose last day of compearance was 30th November, applied for the like warrant. We granted Provost Aberdeen's, because the days of compearance was past; but we refused the other two, because their process was not legally in Court, and no decreet could regularly be pronounced on the very day of compearance. But on the 30th we granted it to them also on a new bill, because the day of compearance was come. Me renitente.
The electronic version of the text was provided by the Scottish Council of Law Reporting