Effect of diligence. - Effect of partial payment recovered before diligence or bankruptcy.
Graham v. Clark and Ross
Date: 24 January 1663 Case No. No 16.
In conformity with the above.
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In a process betwixt Graham, compriser of the lands of Newark, and John Clark, and John Ross, comprisers also, there being a comprising led anno 1651, whereupon there is infeftment, though the act of Parliament appoints all comprisings, led within year and day after the first effectual comprising, to come in pari passu, being led since the first day of January 1652, yet; seeing the comprising led in anno 1651, turns to the nature of a comprising of the legal reversion of the first effectual comprising led anno 1652, it is in the same case as if it had been deduced immediately thereafter.
The Lords therefore brought in that comprising, as if it had been deduced anno 1662.
1663. July.—In the foresaid process betwixt Graham and Clark in January last, the Lords found, that a comprising being led for sums of money, whereupon an infeftment of annualrent was granted, the compriser might pass from his comprising, and return to his infeftment of annualrent: this conform to practiques long since decided. See No 19. infra.
Fol. Dic. v. 2. p. 355. Gilmour, No 76. p. 57. & No 91. p. 70.
*** Stair's report of this case is No 8. p. 237. voce Adjudication.
