Subject_1 JUS SUPERVENIENS AUCTORI ACCRESCIT SUCCESSORI. Subject_2 SECT. I.
Where the author is liable in Warrandice.
Tenants of Fouldon v. Brown and Others
Date: 16 January 1621 Case No. No 1.
A prior and better right comes in the person of one obliged to warrant a posterior right. The posterior is preferred to the prior.
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They suspended against William Brown and others on multiplepoinding for their farms. William Brown alleged, he is infeft in an annualrent of L. 1000 by Mr Patrick Nisbet, who was infeft by the heritor Alleged for Alexander Foulis, that he is assignee by Dame Elisabeth Hepburn, his godmother, to her liferent, of an annualrent of 2000 merks, wherein she is infeft, and William Brown's right is in his person to the behoof of John Arnot of Woodmylne, under a borrowed name. Woodmylne is heir to Dame Elisabeth's author, Sir John Arnot, and must warrant her infeftment, albeit posterior to Mr Patrick Nisbet; 2do, To the behoof of William Arnot, who is bound to warrant her infeftment. Admits the second allegeance.
Clerk, Durie.
Fol. Dic. v. 1. p. 513. Nicolson, MS. No 102. p. 68.
