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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Steuart, Competing. [1741] 1 Elchies 11 (17 November 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010011-032.html |
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Subject_1 ADJUDICATION.
Creditors of Steuart, Competing
1741 ,Nov .17 .
Case No.No. 32.
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The question was, Whether a charge to a superior to enter an adjudger without offer of a year's rent and a charter (which alone is sufficient to exclude the superior's casualties, according to the decision 9th February 1669, Black and French)* if such an offer was necessary,—and consequently that a subsequent adjudger infeft ought to be deemed the first effectual adjudication? And the Lords adhered to the Ordinary's interlocutor, finding the offer of a year's rent and charter not necessary to give the adjudication the benefit of being the first effectual one; and also adhered to the second branch, finding the posterior adjudger not entitled to the expenses of his infeftment. President against both. Arniston was doubtful of the first, but voted and was clear as to the last.
* Dict. No. 30. p. 6911.
The electronic version of the text was provided by the Scottish Council of Law Reporting
