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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Lord Cranston v Scott. [1755] 5 Brn 830 (20 June 1755) URL: http://www.bailii.org/scot/cases/ScotCS/1755/Brn050830-1009.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Creditors of Lord Cranston
v.
Scott
20 June 1755 Click here to view a pdf copy of this documet : PDF Copy
The said Scott had a tack from my Lord Cranston, upon which he was in possession, and of which he got a prorogation three years before it expired. Soon after this prorogation my Lord Cranston's creditors adjudged his estate, and upon their adjudications obtained a sequestration, and possessed the estate by their factor before the new tack could take place. The question was, whether this new tack was good against the creditors?—AndtheLords decided this general abstract point of law, that a tack without possession is not good against a creditor adjudging and entering to possess before the tenant; and they farther found, that the possession upon the old tack could not be ascribed to the new, and that there could be no possession on the new till the old was expired ; contrary to what had been formerly decided.
The electronic version of the text was provided by the Scottish Council of Law Reporting
