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Scottish Court of Session Decisions >>
Sir Patrick Nisbet v Hamilton. [1676] Mor 2823 (9 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor0702823-064.html Cite as:
[1676] Mor 2823
Apprisings and Adjudications with Voluntary Rights.
Sir Patrick Nisbet v. Hamilton
Date: 9 February 1676 Case No. No 64.
Competition between a comprising denounced, and a posterior voluntary right followed by infeftment, before the compriser was infeft. Not decided.
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After the lands of a debtor were denounced to be comprised; a voluntary right was granted by him, of an annualrent out of the same lands for an onerous cause; whereupon the annualrenter was infeft by a public infeftment, before any infeftment upon the comprising; and there being upon the foresaid rights a competition betwixt the compriser and the annualrenter: It was alleged, That after the lands were denounced, the debtor could not give a voluntary right of the same, being litigious, and affected with the denunciation: And on the other part, it was debated, that the debtor, not being inhibit, might give a voluntary right for an onerous cause, and the first consummate right ought to be preferred.
The Lords, in respect it was pretended there were contrary decisions, thought fit, not to give answer, until these should be considered.
