ADJUDICATIONS

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ADJUDICATIONS

ADJUDICATIONS, Scotch law. Certain proceedings against debtors, by way of actions, before the court of sessions and are of two kinds, special andgeneral. 2.-1. By statute 1672, c. 19, such part only of the debtor's lands isto be adjudged to the principal sum and interest of the debt, with thecompositions due to the superior, and the expenses of infeoffment, and afifth part more, in respect the creditor is obliged to take lands for hismoney but without penalties or sheriff fees. The debtor must deliver to thecreditor 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 theinterest of the debt. In this, which is called a special adjudication, thetime allowed the debtor to redeem the lands adjudged, (called the legalreversion or the legal,) is declared to be five years. 3.-2. Where the debtor does not produce a sufficient right to thelands, or is not willing to renounce the possession and ratify the decree,the statute makes it lawful for the creditor to adjudge all right belongingto the debtor, in the same manner, and under the same reversion of tenyears. In this kind, which is called a general adjudication, the creditormust limit his claim to the principal sum, interest and penalty, withoutdemanding a fifth part more. See Act 1 Feb. 1684; Ersk. Pr. L. Scot,.(????) s. 15, 16. See Diligences.

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