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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Falahill, Competing. [1736] 2 Elchies 6 (28 January 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020006-007.html |
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Subject_1 ADJUDICATION.
Date: Creditors of Falahill, Competing
28 January 1736
Case No.No. 7.
What ought to be the consequence of reducing an adjudication to a security?
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Adjudication, if at all sustained, even as a security, ought to be ranked according to known rules of preference of adjudications, and therefore a nullity being objected against an adjudication, and sustained by the ordinary ad effectum to restrict the adjudication, (which had the first infeftment, and was year and day before all the rest) and the creditors preferrence thereon to a pari passu preference with the other adjudgers, The Lords adhered, but added the reason, viz. because the creditors did not insist to annul the adjudication, but only to be prefered pari passu with it. The nullity was, that the extracter omitted several steps of procedure, and made out a decree in absence when there had been a debate, that is, representation and answers, and writs produced, and interlocutors founded on them.
The electronic version of the text was provided by the Scottish Council of Law Reporting
