Bottatio Fondalii; is the power which a superior formerly exercised of paying off a debt due to an adjudging creditor, and taking a conveyance to the adjudication. Where the amount of the debt exceeded the value of the estate, the superior was bound to pay only to the extent of the value. No such power is now exercised by superiors.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Non-Entry.” Public domain.
Legal Subject: Non-Entry |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Dumfries v. Campbell | 1795 | Heritor, Tailzie, Adjudication, Interlocutor, Non-Entry, Rent | Dumfries, as heir to his mother and petitioner, sought to alter an interlocutor of December 1792 that had permitted the transference of an action of non-entry against him. Campbell responded that a declarator of nonentry commenced against the mother could be transferred in statu quo against her son and heir without requiring that he first take a passive title. |
