Judicial Factor – A person who had become surety for a judicial factor, and afterwards had a deputation from him, could by no right acquired during the factory invert the heir’s possession: he could not retain possession till his debts were paid, but must pursue for them as accords.
He is also found liable in terms of the act of sederunt, 31 July 1690, in annual-rent for what he received or might have received within one year after the same grew due. He was entitled to no factor-fee, having disturbed the possession of the factor by virtue of other rights and titles in his own person.
Commissary Court – This could not give decrees of preference among competing creditors.
Process; Decree – In a decree, a former decree being founded upon as the ground thereof, and such former decree not pronounced, the second decree was null.
Annual-rent – Aliments to children were to be imputed to the rents of the years in which they were paid, and not deducted out of the annual-rents due by a factor.
[1721] UKHL Robertson – 380, (1721) Robertson 380
Bailii
Scotland
Insolvency
Updated: 05 January 2022; Ref: scu.553675