Subject_1 ADJUDICATION and APPRISING. Subject_2 NATURE and EFFECT of this DILIGENCE.
Patrick Heron v. Martin Stevenson
Date: 17 June 1662 Case No. No 11.
Effect of an adjudication, with a charge against the superior.
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Patrick Heron having obtained decreet of removing against Martin Stevinson, he suspends, on this reason, that the decreet was not upon litiscontestation; but a time being assigned to the suspender, to find caution for the violent profits, and he failing, was decerned without being admitted to any defence; and now alleges, that he ought not to remove; because he obtained decreet of adjudication of the lands in question, against the common author, and thereupon charged the superior long before the charger's decreet of adjudication or infeftment. The charger answered, that the reason ought to be repelled; because the decreet was given against the defender, compearing and failing as said is. 2do, The charger stands infeft upon his adjudication. The pursuer was never infeft, neither did he use all diligence to get himself infeft, nor having denounced the superior, and in case he had suspended, discussing the suspension.
Fol. Dic. v. 1. p. 15. Stair, v. 1. p. 110.
*** As to the effect of a charge in competition with voluntary rights, See Competition.
