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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Chalmers v Sir James Cunningham. [1737] 2 Elchies 140 (8 November 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020140-004.html Cite as: [1737] 2 Elchies 140 |
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[1737] 2 Elchies 140
Subject_1 COMPETITION.
Date: Captain Chalmers
v.
Sir James Cunningham
8 November 1737
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
There being many adjudications, and infeftment upon one of them, and thereafter there being an infeftment of annualrent upon an heritable bond granted before any of the adjudications, and then several other adjudications; there was no question that the adjudication with the infeftment on it, before the infeftment of annualrent, was preferable; but the question was as to adjudications within year and day of that first effectual one, and which are preferable pari passu with it, whether they are also preferable to the infeftment of annualrent, whether they were led before or after it, or e contra? The Lords found the infeftment of annualrent preferable to all adjudications, whether prior or posterior to it on which no infeftment followed, notwithstanding they were within year and day of the said first effectual adjudication; and therefore adhered to the Lord Ordinary's interlocutor, that annualrent ought to be stated in computo of the real debts.
The electronic version of the text was provided by the Scottish Council of Law Reporting
