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Scottish Court of Session Decisions >>
Relict of Alexander Falconer, v his Creditors. [1734] Mor 243 (27 June 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor0100243-015.html Cite as:
[1734] Mor 243
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Relict of Alexander Falconer, v. his Creditors
Date: 27 June 1734 Case No. No 15.
Mode of ranking when the subject adjudged is held by disposition, without procuratory and precept.
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Adjudications, led against a debtor, who had, in his person, a disposition to lands, without procuratory or precept, brought in pari passu.
In this case, the disposition, being affected, by several adjudications, at the instance of creditors coming in pari passu, within year and day; one of the adjudgers went on to complete her right to the lands, by adjudging, in implement, against the disponer, whereupon infeftment followed; and it was pleaded for her, That, though the other adjudgers did come in pari passu, with respect to the common debtor's right, sciz. the disposition, without procuratory or precept, that did not hinder her to be preferable in the land itself, which she only had affected by her adjudication in implement. The Lords brought in all the adjudications pari passu; and found, That the infeftment obtained does accresce to the other creditors, upon their paying a proportional part of the expences.
