Apprisings and Adjudications with Voluntary Rights.
Henderson v. M'Adam
Date: 16 June 1612 Case No. No 58.
An heritable bond, before denunciation in a comprising, though the infeftment was posterior to it, was preferred, being before infeftment upon the comprising.
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In an action of poinding of the ground, for an annualrent of L. 20, out of a tenement of land in Edinburgh, disponed by William Cuningham, heritor, in favours of Samuel Henderson, and his heirs, the Lords fand, that the infeftment granted by William Cuningham to Samuel, after the denunciation used at the instance of John M'Adam, who thereupon comprised the said tenement, was a good infeftment, in respect the same depended upon a contract preceding the denunciation, whereby William Cuningham was obliged to infeft Samuel in the said annualrent.
