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Scottish Court of Session Decisions >>
Burnet v Vietch. [1685] Mor 140 (00 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0100140-012.html Cite as:
[1685] Mor 140
Subject_1 ADJUDICATION and APPRISING. Subject_2 What SUBJECTS are carried by APPRISING and ADJUDICATION.
Burnet v. Vietch
1685.
November. Case No. No 12.
Adjudication in relief, competent, before payment by the cautioner.
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There being a query proponed by Mr Roderick M'Kenzie clerk, showing that Robert Burnet writer, being cautioner for Veitch of Dawick; and, being distrest by registration of the bond, and horning thereon, but had not made payment of the debt; the said Robert, upon the clause of relief of the said bond, had entered an adjudication of Dawick's lands, that he might come in pari passu with other adjudgers. The question being, Whether, (albeit he was distressed, yet not having made payment,) he might adjudge for relief?——The Lords found, That he might adjudge; and that the adjudication was equivalent to an infeftment of relief; and was only to take effect for such sums as Robert Burnet should happen to pay, by virtue of the said distress; and that from the time of his payment: And therefore, ordained the decreet of adjudication to be extracted, bearing the foresaid provision.
