Adjudications

Scottish Law: Adjudications in the Past

Certain proceedings against debtors, by way of actions, before the court of sessions and are of two kinds, special and general.

Developments

By statute 1672, c. 19, such part only of the debtor’s lands is to be adjudged to the main sum and interest of the debt, with the compositions due to the superior and the expenses of infeoffment and a fifth part more, in respect the creditor is obliged to take landsfor his money but without penalties or sheriff (see law enforcement in the U.K. encyclopedia) fees. The debtor must deliver to the creditor a valid right to the lands to be adjudged or transumpts tof this, renounce the possession in his favor and ratify the decree of adjudication: and the law considers the rent of the lands as precisely commensurate to the interest of the debt. In this, which is called a special adjudication, the time allowed the debtor to redeem the lands adjudged, (called the legal reversion or the legal,) is declared to be five years.

Details

Where the debtor does not produce a enough right to the lands or is not willing to renounce the possession and ratify the decree, the statute makes it lawful for the creditor to adjudge all right belonging to the debtor, in the same way and under the same reversion of ten years. In this kind, which is called a general adjudication, the creditor must limit his claim to the main sum, interest and penalty, without demanding a fifth part more. See Act 1 Feb. 1684; Ersk. Pr. L. Scot, (????) s. 15, 16. See Diligences. [1][rtbs name=”scottish-law”]

Resources

Notes and References

1. Partialy, this information about adjudications is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including adjudications.

See Also