Scottish Court of Session Decisions

Subject_1 PROCESS.
Subject_2 SECT. VI.

Defences.

Pedie, Petitioner

Date: 13 December 1776
Case No. No 154.

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Pedie, a creditor of Hamilton deceased, in the view of obtaining a preference to the creditors of his heir, on act 1681, c. 17, raised adjudication against the debtor's estate, on one diet, whereof the induciæ did not expire till Saturday 11th January, and the three years from the debtor's death expired on Monday the 13th January. As the 11th was within the period of the Christmas vacation, Pedie petitioned the Court to authorise an Ordinary to decern in the adjudication, reserving all defences contra executionem, without allowing the defenders to take a day to produce a progress, as that would have prevented the decreet being given within the three years of the debtor's death. The Court refused the petition. See Appendix.

Fol. Dic. v. 4. p. 149.