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URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS0903b.html
Cite as: [1838] CS 16_903b

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SCOTTISH_Court_of_Session_Shaw

Page: 903

016SS0903b

Badenoch

No. 162.

Court of Session

2d Division

Mar. 9 1838

George Badenoch and Alexander Turner,     Petitioners.— Counsel:
G. G. Bell.

Subject_Adjudication—Intimation.— Headnote:

Petition to dispense with the intimation for 20 sederunt days of a first adjudication and for decree during their currency, on a statement of urgent circumstances,—refused as incompetent.


Facts:

Badenoch and Turner, assignees of the creditors of Chapman, a tenant in Banffshire, raised an adjudication against him for the purpose of attaching the remainder of a 19 years' lease of his farm. They now presented a petition, setting forth that, several months ago, Chapman had absconded to America, and it was of the utmost importance to the creditors to obtain immediately a decree of adjudication, so as to enable them to enter into possession of the farm, and lay down the present year's crop; that on 20th February last the petitioners took the usual order for intimating the adjudication on the walls and in the minute-book, for 20 sederunt days, and intimation had accordingly been made, but the days would not expire before the rising of the Court; and the petitioners, therefore, prayed the Court to dispense with the farther intimation of the adjudication, and remit to the Lord Ordinary to pronounce decree therein, and allow the same to be extracted immediately.

The Court, holding that they had no power to dispense with the statutory requisite of intimation during 20 sederunt days, “refused the petition as incompetent.”

Solicitors: A. Clason, W.S.—Agent.

SS 16 SS 903 1838


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URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS0903b.html