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The Creditors of Menzies of Enoch v - . [1682] Mor 8376 (#date January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor2008376-071.html Cite as:
[1682] Mor 8376
Litigious by denunciation upon apprising, and citation upon adjudication.
Subject_3 SECT. I.
Rights granted in consequence of an antecedent obligation. - Alienation after denunciation. - Adjudication led during the dependence of a ranking and sale.
The Creditors of Menzies of Enoch v. -
1682.
January. Case No. No 71.
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In an action at the instance of the Creditors of Enoch against——,the Lords found, that an infeftment of annualrent, granted by the common debtor, could not be sustained in prejudice of another creditor's adjudication, the infeftment of annualrent being granted after citation was given to the common debtor upon the summons of adjudication.
Fol. Dic. v. 1. p. 557. Sir P. Home, MS. v. 1. No 89.*** P. Falconer reports this case:
1682. January 20.—In the competition betwixt the Creditors of Menzies of Enoch, there was compearance made for —— Douglas, who had right to an annnualrent out of the lands of Enoch from Sir George Lockhart, who was infeft in the said annualrent from the common debtor, and who craved preference to ——, who had adjudged the said lands, upon the new act of Parliament anent adjudications. It was alleged for the adjudger, That he ought to be preferred; because, by the foresaid act of Parliament, adjudications come in place of comprisings, and a citation upon an adjudication is equivalent to a comprising, and a charge against a superior; and that he used his citation upon the adjudication before the granting of the infeftment of annualrent, in so far as the citation was in April, and the right of annualrent was only granted in May thereafter, and that he was in a course of diligence.—The Lords, in respect of the citation, preferred the adjudger.
