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ADJUDICATIONS
(bouvier) | ADJUDICATIONS, Scotch law. Certain proceedings against debtors, by way of
actions, before the court of sessions and are of two kinds, special and
general.
2.-1. By statute 1672, c. 19, such part only of the debtor's lands is
to be adjudged to the principal 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 lands for his
money but without penalties or sheriff fees. The debtor must deliver to the
creditor a valid right to the lands to be adjudged, or transumpts thereof,
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.
3.-2. Where the debtor does not produce a sufficient 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 manner, 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 principal sum, interest and penalty, without
demanding a fifth part more. See Act 1 Feb. 1684; Ersk. Pr. L. Scot,.
(????) s. 15, 16. See Diligences.
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