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Scottish Court of Session Decisions >>
Creditors of Park v Patrick Maxwell. [1785] Mor 14382 (28 June 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor3314382-023.html Cite as:
[1785] Mor 14382
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. III.
General Disponee.
Creditors of Park v. Patrick Maxwell
Date: 28 June 1785 Case No. No. 23.
Service and confirmation necessary to render valid a decree of adjudication in favour of an executor.
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Arthur Park was indebted in a sum of money to Hugh Warden, whose general disponee, unconfirmed, obtained decreet for the debt; and on that ground an adjudication was afterwards deduced. To this adjudication other creditors
Objected; Without previous confirmation the decree could not be valid; 26th November, 1784, Lenox contra Grant, p. 14381, supra; of consequence the diligence which followed upon it was likewise void.
Answered: If a debtor acknowleges the right of his creditor's successor, by granting to him a bond of corroboration, the necessity of confirmation will be superseded. The same consequence should seem to follow from his submitting to the passing of a decree against him at the instance of the heir, and so the point has been explicitly determined; March, 1686, Children of Bangor contra Duke and Duchess of Hamilton, No. 58. p. 13285.
The Lord Ordinary repelled the objection. But
The Court altered that judgment; and, in respect of the want of confirmation, found the adjudication ineffectual.
Lord Ordinary, Kennet.Act. Rolland.Alt. Blair, Morthland.Clerk, Home.
Fol. Dic. v. 4. p. 268. Fac. Coll. No. 218. p. 344.
