Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Herrles v. Aslowen
1610.
June. Case No. No 28.
Apprisings and adjudications, upon debita fundi, are preferable to all others, prior or posterior.
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In an action of double poinding, pursued by the tenants of Cluny, against George Herries of Terrachlie, John Aslowen of Garren, and William Glendinning; it was found, That William Glendinning, who had comprised the property of the lands from Terrachie, for the bygones of an annualrent of 50 merks, whereon his author, the Laird of Partoun, was infeft, in anno 1593, by Terrachlie, should be preferred to the said John Aslowen; notwithstanding it was alleged, and instantly verified, That, in anno, long before the comprising which was deduced in anno 1609 allenarly, the said John Aslowen was infeft in the property, and, by virtue of his infeftment, was in possession.
Fol. Dic. v. 1. p. 16. Hope, (Poinding & Apprising.) folio 208.
