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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Hay v Crombie. [1675] 1 Brn 740 (9 July 1675) URL: http://www.bailii.org/scot/cases/ScotCS/1675/Brn010740-1712.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Captain Hay
v.
Crombie
9 July 1675 Click here to view a pdf copy of this documet : PDF Copy
In a competition betwixt the said parties, for preference,—it was alleged for
Crombie, That he being infeft in annualrent, clad with possession; in so far as, after the term of payment, he had got security from the common debtor, stating the same in a principal sum, before Captain Hay, who had acquired possession upon his right.
It was alleged, That, unless the annualrent had been paid upon a decreet against the tenants for poinding the ground, any bond, granted by the common debtor, could not make Crombie's right a public right by possession.
The Lords did prefer Crombie; and found that the debtor himself might pay an annualrent without a decreet; or give bond therefor, making up annualrent in principal sum, bearing annualrent; which will make the base right clad with possession, and so preferable to any posterior right.
Page 486.
The electronic version of the text was provided by the Scottish Council of Law Reporting
