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Scottish Court of Session Decisions >>
The Earl of Dundonald v The Laird of Dunlop and his Creditors. [1681] Mor 12192 (22 January)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2912192-338.html Cite as:
[1681] Mor 12192
The Earl of Dundonald v. The Laird of Dunlop and his Creditors
l681.
January22. Case No. No 338.
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The Earl of Dundonnald being infeft in an annualrent out of the Laird of Dunlop's estate, raises a summons of poinding of the ground, which being called in the Outer-house, in presence of the Ordinary, Dunlop opposed not, but consented to a decreet; but his Creditors alleged, That they ought to see the process, and it ought to be seen, and returned, and enrolled; and that any party may stop a decreet in absence, and crave to see it. It was answered, That albeit decreets passing in course by the clerk may be stopped by any desiring to see, yet this decreet was pronounced by the Ordinary, and therefore none but a party called can stop the same, unless they produce an interest, upon which the Ordinary must hear that party, if it be a competent interest, whereby the producer is found legitimus contradictor.
